Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12005

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-THIRD SESSION - 2024

 

_____________________

 

NINETY-FOURTH DAY

 

Saint Paul, Minnesota, Wednesday, March 20, 2024

 

 

      The House of Representatives convened at 12:10 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Pastor Zeus Vital, River Valley Church, Shakopee, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Davids

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

McDonald

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Urdahl

Vang

Virnig

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Becker-Finn, Hudella, Kiel and Torkelson were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Newton from the Committee on Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 1666, A bill for an act relating to veterans; authorizing veteran service officers to receive vital records without a fee; amending Minnesota Statutes 2022, section 197.63, subdivision 1.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Liebling from the Committee on Health Finance and Policy to which was referred:

 

H. F. No. 1814, A bill for an act relating to human services; requiring the commissioner of human services to establish a dental home pilot project; specifying project criteria; requiring a report; appropriating money.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [62J.805] DEFINITIONS.

 

Subdivision 1.  Application.  For purposes of sections 62J.805 to 62J.808, the following terms have the meanings given.

 

Subd. 2.  Group practice.  "Group practice" has the meaning given to health care provider group practice in section 145D.01, subdivision 1.

 

Subd. 3.  Health care provider.  "Health care provider" means:

 

(1) a health professional who is licensed or registered by the state to provide health treatments and services within the professional's scope of practice and in accordance with state law;

 

(2) a group practice; or

 

(3) a hospital.

 

Subd. 4.  Health plan.  "Health plan" has the meaning given in section 62A.011, subdivision 3.

 

Subd. 5.  Hospital.  "Hospital" means a health care facility licensed as a hospital under sections 144.50 to 144.56.

 

Subd. 6.  Medically necessary.  "Medically necessary" means:

 

(1) safe and effective;

 

(2) not experimental or investigational, except as provided in Code of Federal Regulations, title 42, section 411.15(o);

 

(3) furnished in accordance with acceptable medical standards of medical practice for the diagnosis or treatment of the patient's condition or to improve the function of a malformed body member;

 

(4) furnished in a setting appropriate to the patient's medical need and condition;


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(5) ordered and furnished by qualified personnel;

 

(6) meets, but does not exceed, the patient's medical need; and

 

(7) is at least as beneficial as an existing and available medically appropriate alternative.

 

Subd. 7.  Miscode.  "Miscode" means a health care provider or a health care provider's designee, using a coding system and for billing purposes, assigns a numeric or alphanumeric code to a health treatment or service provided to a patient and the code assigned does not accurately reflect the health treatment or service provided based on factors that include the patient's diagnosis and the complexity of the patient's condition.

 

Subd. 8.  Payment.  "Payment" includes co-payments and coinsurance and deductible payments made by a patient.

 

Sec. 2.  [62J.806] POLICY FOR COLLECTION OF MEDICAL DEBT.

 

Subdivision 1.  Requirement.  Each health care provider must make available to the public the health care provider's policy for the collection of medical debt from patients.  This policy must be made available by:

 

(1) clearly posting it on the health care provider's website or, for health professionals, on the website of the health clinic, group practice, or hospital at which the health professional is employed or under contract; and

 

(2) providing a copy of the policy to any individual who requests it.

 

Subd. 2.  Content.  A policy made available under this section must at least specify the procedures followed by the health care provider for:

 

(1) communicating with patients about the medical debt owed and collecting medical debt;

 

(2) referring medical debt to a collection agency or law firm for collection; and

 

(3) identifying medical debt as uncollectible or satisfied, and ending collection activities.

 

Sec. 3.  [62J.807] DENIAL OF HEALTH TREATMENTS OR SERVICES DUE TO OUTSTANDING MEDICAL DEBT.

 

(a) A health care provider must not deny medically necessary health treatments or services to a patient or any member of the patient's family or household because of outstanding medical debt owed by the patient or any member of the patient's family or household to the health care provider, regardless of whether the health treatment or service may be available from another health care provider.

 

(b) As a condition of providing medically necessary health treatments or services in the circumstances described in paragraph (a), a health care provider may require the patient to enroll in a payment plan for the outstanding medical debt owed to the health care provider.

 

Sec. 4.  [62J.808] BILLING AND PAYMENT FOR MISCODED HEALTH TREATMENTS AND SERVICES.

 

Subdivision 1.  Participation and cooperation required.  Each health care provider must participate in, and cooperate with, all processes and investigations to identify, review, and correct the coding of health treatments and services that are miscoded by the health care provider or a designee.

 

Subd. 2.  Notice; billing and payment during review.  (a) When a health care provider receives notice, other than notice from a health plan company as provided in paragraph (b), or otherwise determines that a health treatment or service may have been miscoded, the health care provider must notify the health plan company administering the patient's health plan in a timely manner of the potentially miscoded health treatment or service.


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(b) When a health plan company receives notice, other than notice from a health care provider as provided in paragraph (a), or otherwise determines that a health treatment or service may have been miscoded, the health plan company must notify the health care provider who provided the health treatment or service of the potentially miscoded health treatment or service.

 

(c) When a review of a potentially miscoded health treatment or service is commenced, the health care provider and health plan company must notify the patient that a miscoding review is being conducted and that the patient will not be billed for any health treatment or service subject to the review and is not required to submit payments for any health treatment or service subject to the review until the review is complete and any miscoded health treatments or services are correctly coded.

 

(d) While a review of a potentially miscoded health treatment or service is being conducted, the health care provider and health plan company must not bill the patient for, or accept payment from the patient for, any health treatment or service subject to the review.

 

Subd. 3.  Billing and payment after completion of review.  The health care provider and health plan company may bill the patient for, and accept payment from the patient for, the health treatment or service that was subject to the miscoding review only after the review is complete and any miscoded health treatments or services have been correctly coded.

 

Sec. 5.  Minnesota Statutes 2023 Supplement, section 144.587, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) The terms defined in this subdivision apply to this section and sections 144.588 to 144.589.

 

(b) "Charity care" means the provision of free or discounted care to a patient according to a hospital's financial assistance policies.

 

(c) "Hospital" means a private, nonprofit, or municipal hospital licensed under sections 144.50 to 144.56.

 

(d) "Insurance affordability program" has the meaning given in section 256B.02, subdivision 19.

 

(e) "Navigator" has the meaning given in section 62V.02, subdivision 9.

 

(f) "Presumptive eligibility" has the meaning given in section 256B.057, subdivision 12.

 

(g) "Revenue recapture" means the use of the procedures in chapter 270A to collect debt.

 

(h) (g) "Uninsured service or treatment" means any service or treatment that is not covered by:

 

(1) a health plan, contract, or policy that provides health coverage to a patient; or

 

(2) any other type of insurance coverage, including but not limited to no-fault automobile coverage, workers' compensation coverage, or liability coverage.

 

(i) (h) "Unreasonable burden" includes requiring a patient to apply for enrollment in a state or federal program for which the patient is obviously or categorically ineligible or has been found to be ineligible in the previous 12 months.

 

Sec. 6.  Minnesota Statutes 2023 Supplement, section 144.587, subdivision 4, is amended to read:

 

Subd. 4.  Prohibited actions.  (a) A hospital must not initiate one or more of the following actions until the hospital determines that the patient is ineligible for charity care or denies an application for charity care:

 

(1) offering to enroll or enrolling the patient in a payment plan;


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12009

(2) changing the terms of a patient's payment plan;

 

(3) offering the patient a loan or line of credit, application materials for a loan or line of credit, or assistance with applying for a loan or line of credit, for the payment of medical debt;

 

(4) referring a patient's debt for collections, including in-house collections, third-party collections, revenue recapture, or any other process for the collection of debt; or

 

(5) denying health care services to the patient or any member of the patient's household because of outstanding medical debt, regardless of whether the services are deemed necessary or may be available from another provider; or

 

(6) (5) accepting a credit card payment of over $500 for the medical debt owed to the hospital.

 

(b) A hospital is subject to section 62J.807.

 

Sec. 7.  Minnesota Statutes 2023 Supplement, section 270A.03, subdivision 2, is amended to read:

 

Subd. 2.  Claimant agency.  "Claimant agency" means any state agency, as defined by section 14.02, subdivision 2, the regents of the University of Minnesota, any district court of the state, any county, any statutory or home rule charter city, including a city that is presenting a claim for a municipal hospital or a public library or a municipal ambulance service, a hospital district, any ambulance service licensed under chapter 144E, any public agency responsible for child support enforcement, any public agency responsible for the collection of court-ordered restitution, and any public agency established by general or special law that is responsible for the administration of a low-income housing program.

 

Sec. 8.  [332.371] MEDICAL DEBT CREDIT REPORTING PROHIBITED.

 

(a) A consumer reporting agency is prohibited from making a consumer report containing an item of information that the consumer reporting agency knows or should know concerns (1) medical information; or (2) debt arising from:  (i) the provision of medical care, treatment, services, devices, or medicines; or (ii) procedures to maintain, diagnose, or treat a person's physical or mental health.

 

(b) For purposes of this section, "consumer report," "consumer reporting agency," and "medical information" have the meanings given them in the Fair Credit Reporting Act, United States Code, title 15, section 1681a.

 

Sec. 9.  [332C.01] DEFINITIONS.

 

Subdivision 1.  Application.  For purposes of this chapter, the following terms have the meanings given.

 

Subd. 2.  Collecting party.  "Collecting party" means a party engaged in the collection of medical debt for any account, bill, or other indebtedness, except as hereinafter provided.

 

Subd. 3.  Debtor.  "Debtor" means a person obligated or alleged to be obligated to pay any debt.

 

Subd. 4.  Medical debt.  "Medical debt" means debt incurred primarily for necessary medical care and related services.

 

Subd. 5.  Person.  "Person" means any individual, partnership, association, or corporation.

 

Sec. 10.  [332C.02] PROHIBITED PRACTICES.

 

No collecting party shall:

 

(1) in a collection letter, publication, invoice, or any oral or written communication, threaten wage garnishment or legal suit by a particular lawyer, unless the collecting party has actually retained the lawyer to do so;


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12010

(2) use or employ sheriffs or any other officer authorized to serve legal papers in connection with the collection of a claim, except when performing their legally authorized duties;

 

(3) use or threaten to use methods of collection which violate Minnesota law;

 

(4) furnish legal advice to debtors or represent that the collecting party is competent or able to furnish legal advice to debtors;

 

(5) communicate with debtors in a misleading or deceptive manner by falsely using the stationery of a lawyer, forms or instruments which only lawyers are authorized to prepare, or instruments which simulate the form and appearance of judicial process;

 

(6) publish or cause to be published any list of debtors, use shame cards or shame automobiles, advertise or threaten to advertise for sale any claim as a means of forcing payment thereof, or use similar devices or methods of intimidation;

 

(7) operate under a name or in a manner which falsely implies the collecting party is a branch of or associated with any department of federal, state, county, or local government or an agency thereof;

 

(8) transact business or hold itself out as a debt settlement company, debt management company, debt adjuster, or any person who settles, adjusts, prorates, pools, liquidates, or pays the indebtedness of a debtor, unless there is no charge to the debtor, or the pooling or liquidation is done pursuant to court order or under the supervision of a creditor's committee;

 

(9) unless an exemption in the law exists, violate Code of Federal Regulations, title 12, part 1006, while attempting to collect on any account, bill, or other indebtedness.  For purposes of this section, Public Law 95-109 and Code of Federal Regulations, title 12, part 1006, apply to collecting parties;

 

(10) communicate with a debtor by use of an automatic telephone dialing system or an artificial or prerecorded voice after the debtor expressly informs the collecting party to cease communication utilizing an automatic telephone dialing system or an artificial or prerecorded voice.  For purposes of this clause, an automatic telephone dialing system or an artificial or prerecorded voice includes but is not limited to (i) artificial intelligence chat bots, and (ii) the usage of the term under the Telephone Consumer Protection Act, United States Code, title 47, section 227(b)(1)(A);

 

(11) in collection letters or publications, or in any oral or written communication, imply or suggest that medically necessary health treatment or services will be denied as a result of a medical debt;

 

(12) when a debtor has a listed telephone number, enlist the aid of a neighbor or third party to request that the debtor contact the collecting party, except a person who resides with the debtor or a third party with whom the debtor has authorized with the collecting party to place the request.  This clause does not apply to a call back message left at the debtor's place of employment which is limited solely to the collecting party's telephone number and name;

 

(13) when attempting to collect a medical debt, fail to provide the debtor with the full name of the collecting party, as registered with the secretary of state;

 

(14) fail to return any amount of overpayment from a debtor to the debtor or to the state of Minnesota pursuant to the requirements of chapter 345;

 

(15) accept currency or coin as payment for a medical debt without issuing an original receipt to the debtor and maintain a duplicate receipt in the debtor's payment records;


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(16) attempt to collect any amount, including any interest, fee, charge, or expense incidental to the charge-off obligation, from a debtor unless the amount is expressly authorized by the agreement creating the medical debt or is otherwise permitted by law;

 

(17) falsify any documents with the intent to deceive;

 

(18) when initially contacting a Minnesota debtor by mail to collect a medical debt, fail to include a disclosure on the contact notice, in a type size or font which is equal to or larger than the largest other type of type size or font used in the text of the notice, that includes and identifies the Office of the Minnesota Attorney General's general telephone number, and states:  "You have the right to hire your own attorney to represent you in this matter.";

 

(19) commence legal action to collect a medical debt outside the limitations period set forth in section 541.053;

 

(20) report to a credit reporting agency any medical debt which the collecting party knows or should know is or was originally owed to a health care provider, as defined in section 62J.805, subdivision 2; or

 

(21) challenge a debtor's claim of exemption to garnishment or levy in a manner that is baseless, frivolous, or otherwise in bad faith.

 

Sec. 11.  [332C.04] DEFENDING MEDICAL DEBT CASES.

 

A debtor who successfully defends against a claim for payment of medical debt that is alleged by a collecting party must be awarded the debtor's costs, including a reasonable attorney fee, incurred in defending against the collecting party's claim for debt payment.

 

Sec. 12.  [332C.06] ENFORCEMENT.

 

(a) The attorney general may enforce this chapter under section 8.31.

 

(b) A collecting party that violates this chapter is strictly liable to the debtor in question for the sum of:

 

(1) actual damage sustained by the debtor as a result of the violation;

 

(2) additional damages as the court may allow, but not exceeding $1,000 per violation; and

 

(3) in the case of any successful action to enforce the foregoing, the costs of the action, together with a reasonable attorney fee as determined by the court.

 

(c) A collecting party that willfully and maliciously violates this chapter is strictly liable to the debtor for three times the sums allowable under paragraph (b), clauses (1) and (2).

 

(d) The dollar amount limit under paragraph (b), clause (2), changes on July 1 of each even-numbered year in an amount equal to changes made in the Consumer Price Index, compiled by the United States Bureau of Labor Statistics.  The Consumer Price Index for December 2024 is the reference base index.  If the Consumer Price Index is revised, the percentage of change made under this section must be calculated on the basis of the revised Consumer Price Index.  If a Consumer Price Index revision changes the reference base index, a revised reference base index must be determined by multiplying the reference base index that is effective at the time by the rebasing factor furnished by the Bureau of Labor Statistics.

 

(e) If the Consumer Price Index is superseded, the Consumer Price Index referred to in this section is the Consumer Price Index represented by the Bureau of Labor Statistics as most accurately reflecting changes in the prices paid by consumers for consumer goods and services.


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(f) The attorney general must publish the base reference index under paragraph (c) in the State Register no later than September 1, 2024.  The attorney general must calculate and then publish the revised Consumer Price Index under paragraph (c) in the State Register no later than September 1 each even-numbered year.

 

(g) An action brought under this section benefits the public.

 

Sec. 13.  Minnesota Statutes 2022, section 334.01, is amended by adding a subdivision to read:

 

Subd. 4.  Contracts for medical care.  Interest for any debt owed to a health care provider incurred in exchange for care, treatment, services, devices, medicines, or procedures to maintain, diagnose, or treat a person's physical or mental health shall be at a rate of $4 upon $100 for a year.

 

Sec. 14.  Minnesota Statutes 2022, section 519.05, is amended to read:

 

519.05 LIABILITY OF HUSBAND AND WIFE SPOUSES.

 

(a) A spouse is not liable to a creditor for any debts of the other spouse.  Where husband and wife are living together, they shall be jointly and severally liable for necessary medical services that have been furnished to either spouse, including any claims arising under section 246.53, 256B.15, 256D.16, or 261.04, and necessary household articles and supplies furnished to and used by the family. Notwithstanding this paragraph, in a proceeding under chapter 518 the court may apportion such debt between the spouses.

 

(b) Either spouse may close a credit card account or other unsecured consumer line of credit on which both spouses are contractually liable, by giving written notice to the creditor."

 

Delete the title and insert:

 

"A bill for an act relating to health; modifying provisions governing medical debt; establishing requirements for billing and payment for miscoded health treatments and services; prohibiting certain practices related to collecting medical debt; providing for enforcement; amending Minnesota Statutes 2022, sections 334.01, by adding a subdivision; 519.05; Minnesota Statutes 2023 Supplement, sections 144.587, subdivisions 1, 4; 270A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 62J; 332; proposing coding for new law as Minnesota Statutes, chapter 332C."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 2400, A bill for an act relating to judiciary; amending the standard for a petition for postconviction relief based on newly discovered evidence; amending Minnesota Statutes 2022, section 590.01, subdivision 4.

 

Reported the same back with the following amendments:

 

Page 2, after line 10, insert:

 

"Sec. 2.  Minnesota Statutes 2022, section 590.03, is amended to read:

 

590.03 PLEADINGS AND PRACTICE AFTER FILING A POSTCONVICTION PETITION.

 

Within 20 45 days after the filing of the petition pursuant to section 590.01 or within such time as the judge to whom the matter has been assigned may fix, the county attorney, or the attorney general, on behalf of the state, shall respond to the petition by answer or motion which shall be filed with the court administrator of district court and


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served on the petitioner if unrepresented or on the petitioner's attorney.  No further pleadings are necessary except as the court may order.  The court may at any time prior to its decision on the merits permit a withdrawal of the petition, may permit amendments thereto, and to the answer.  The court shall liberally construe the petition and any amendments thereto and shall look to the substance thereof and waive any irregularities or defects in form.

 

EFFECTIVE DATE.  This section is effective August 1, 2024."

 

Amend the title as follows:

 

Page 1, line 2, after "standard" insert "and timing"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Olson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 3071, A bill for an act relating to transportation; driver and vehicle services; requiring incorporation of plain language standards for written driver's examinations; requiring a report; appropriating money; amending Minnesota Statutes 2022, section 171.13, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 3, line 29, after "rewriting" insert "the driver's manual and"

 

Amend the title as follows:

 

Page 1, line 2, delete everything after the semicolon

 

Page 1, line 3, delete everything before "requiring" and insert "driver and vehicle services; requiring incorporation of plain language standards for written driver's examinations and the driver's manual;"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 3320, A bill for an act relating to recycling; establishing product stewardship program for boat wrap; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115A.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Finance and Policy.

 

      The report was adopted.


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Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 3330, A bill for an act relating to insurance; requiring a health carrier to provide coverage for rapid whole genome sequencing; proposing coding for new law in Minnesota Statutes, chapter 62A.

 

Reported the same back with the following amendments:

 

Page 1, line 10, delete "preliminary positive results within five days and"

 

Page 3, line 19, delete "2024" and insert "2025"

 

Page 3, after line 20, insert:

 

"Sec. 2.  Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 72.  Rapid whole genome sequencing.  Medical assistance covers rapid whole genome sequencing (rWGS) testing.  Coverage and eligibility for rWGS testing, and the use of genetic data, must meet the requirements specified in section 62A.3098, subdivisions 1 to 3 and 6.

 

EFFECTIVE DATE.  This section is effective January 1, 2025, or upon federal approval, whichever is later."

 

Amend the title as follows:

 

Page 1, line 2, delete "a health carrier to provide"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

 

      The report was adopted.

 

 

Xiong from the Committee on Workforce Development Finance and Policy to which was referred:

 

H. F. No. 3446, A bill for an act relating to unemployment insurance; modifying eligibility under certain conditions for applicants involved in a labor dispute; amending Minnesota Statutes 2022, section 268.085, subdivision 13b.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2022, section 268.085, subdivision 13b, is amended to read:

 

Subd. 13b.  Labor dispute.  (a) An applicant who has stopped working because of a labor dispute at the establishment where the applicant is employed is not ineligible for unemployment benefits: under this subdivision.

 

(1) until the end of the calendar week that the labor dispute was in active progress if the applicant is participating in or directly interested in the labor dispute; or

 

(2) until the end of the calendar week that the labor dispute began if the applicant is not participating in or directly interested in the labor dispute.


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Participation includes any failure or refusal by an applicant, voluntarily or involuntarily, to accept and perform available and customary work at the establishment.

 

(b) An applicant who has stopped working because of a jurisdictional controversy between two or more labor organizations at the establishment where the applicant is employed is ineligible for unemployment benefits until the end of the calendar week that the jurisdictional controversy was in progress. labor dispute at the establishment where the applicant is employed is not considered to have quit that employment or been discharged from that employment under section 268.095 at the time the labor dispute began, nor is the applicant considered to be on a leave of absence or suspended from that employment under subdivision 13 or 13a at the time the labor dispute began.

 

(c) An applicant is not ineligible for unemployment benefits under this subdivision if:

 

(1) the applicant stops working because of an employer's intentional failure to observe the terms of the safety and health section of a union contract or failure to comply with an official citation for a violation of federal or state laws involving occupational safety and health;

 

(2) the applicant stops working because of a lockout; or

 

(3) the applicant is discharged before the beginning of a labor dispute.

 

(d) (c) A quit from employment by the applicant during the time that the labor dispute is in active progress at the establishment does not terminate the applicant's participation in or direct interest in the labor dispute for purposes of this subdivision. is considered a quit from employment at the time the quit occurred subject to section 268.095.

 

(d) An applicant who is discharged from employment during the time that the labor dispute is in active progress at the establishment is considered discharged from employment at the time the discharge occurred subject to section 268.095.

 

(e) For the purpose of this subdivision, the term "labor dispute" has the same definition as provided in section 179.01, subdivision 7."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Newton from the Committee on Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 3454, A bill for an act relating to the military; authorizing the adjutant general to establish a referral bonus program for referrals leading to enlistment in or commissioning into the Minnesota National Guard; amending Minnesota Statutes 2022, section 192.501, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2022, section 13.02, subdivision 3a, is amended to read:

 

Subd. 3a.  Criminal justice agencies.  "Criminal justice agencies" means all state and local prosecution authorities, all state and local law enforcement agencies, the Sentencing Guidelines Commission, the Bureau of Criminal Apprehension, the Department of Corrections, the Minnesota National Guard, and all probation officers who are not part of the judiciary.


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Sec. 2.  Minnesota Statutes 2022, section 13.785, is amended to read:

 

13.785 VETERANS OR MILITARY AFFAIRS DATA CODED ELSEWHERE.

 

Subdivision 1.  Scope.  The sections referred to in this section are codified outside this chapter.  Those sections classify veterans or military affairs data as other than public, place restrictions on access to government data, or involve data sharing.

 

Subd. 2.  Department of Veterans Affairs.  (a) Certain veterans benefits and military certificates of discharge.  Access to military certificates of discharge and to files pertaining to claims for certain veterans benefits is governed by section 196.08.

 

(b) Environmental Hazards Information and Assistance Act.  Disclosure of summary data and of the identity of a veteran about whom information is received under sections 196.19 to 196.26, is governed by section 196.25.

 

Subd. 3.  Veterans rewards and privileges; service officers.  Data maintained by county veterans service officers are classified under section 197.603.

 

Subd. 4.  Deceased veterans data.  Data relating to veterans deceased as a result of service-connected causes are classified under section 197.225.

 

Subd. 5.  Veterans stable housing.  Data maintained for purposes of the veterans stable housing initiative is classified under section 196.081.

 

Subd. 6.  Service member data; disclosure to adjutant general.  Access to data on a service member of the military forces by the adjutant general of the Minnesota National Guard is governed by section 192.67, subdivision 2.

 

Sec. 3.  Minnesota Statutes 2022, section 190.16, subdivision 3, is amended to read:

 

Subd. 3.  Contracts; agreements.  When prescribed or required by the laws of the United States and any rules or regulations made thereunder, and Notwithstanding any state law to the contrary, the adjutant general shall be the contracting authority and officer for any construction, improvement or maintenance program or project, or any other program or project financed either in whole or in part by moneys made available by the federal government and may execute agreements and contracts for and in behalf of the state therefor, including a dedication of the primary use and purpose of such buildings, air bases, roads, utilities or other structures or facilities required in the training, housing, and maintenance of the military forces of the state for periods up to and including 25 years.

 

Sec. 4.  Minnesota Statutes 2022, section 190.16, subdivision 6a, is amended to read:

 

Subd. 6a.  Rental of Camp Ripley military facilities.  The adjutant general or the adjutant general's designee may rent buildings or other facilities at Camp Ripley of the Minnesota National Guard to persons under terms and conditions specified by the adjutant general or designee.  Subject to any prohibitions or restrictions in any agreement between the United States and the state of Minnesota, proceeds of rentals under this subdivision must be applied as follows:

 

(1) payment of increased utilities, maintenance, or other costs directly attributable to the rental;

 

(2) other operating and maintenance or repair costs for the building or facility being rented; and

 

(3) maintenance and improvement of buildings or other facilities at Camp Ripley.

 

Rentals under this subdivision must be made under terms and conditions that do not conflict with the use of Camp Ripley the facilities for military purposes.


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Sec. 5.  Minnesota Statutes 2022, section 192.25, is amended to read:

 

192.25 EXEMPTION FROM PROCESS; TRANSFER TO CIVIL AUTHORITIES.

 

Subdivision 1.  Exemption from process.  No member of the guard shall be arrested, or served with any summons, order, warrant or other civil process after having been ordered to any duty or while going to, attending or returning from any place to which the member is required to go for military duty; but nothing herein shall prevent an arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of assigned duties.  The articles of equipment personally owned by such members shall be exempt from seizure or sale for debt.

 

Subd. 2.  Transfer to civil authorities.  When probable cause exists that a criminal offense, other than a crime designated as a purely military offense in section 192A.021, has been committed by any officer or enlisted member of the military forces while on duty status other than federal duty, the officer or enlisted member may be turned over by superior officers to the proper civil authorities of the county or municipality in which the offense occurred for adjudication of such crime, to include imposition of pretrial restraint, but trial and punishment by the civil authorities shall not preclude trial and additional punishment or dismissal from the service by court-martial for any military offense resulting from the commission of said crime.

 

Sec. 6.  Minnesota Statutes 2022, section 192.501, is amended by adding a subdivision to read:

 

Subd. 1e.  Referral bonus program.  (a) The adjutant general may establish a program to provide a bonus for referrals leading to enlistment in or commissioning into the Minnesota National Guard.

 

(b) The adjutant general may determine eligibility criteria for the bonus.  The adjutant general must specify all criteria for the bonus in regulations and publish changes as necessary.

 

(c) The referral bonus payments must be made on a schedule that is determined and published in department regulations by the adjutant general.

 

(d) If the adjutant general determines that a referral bonus was paid to an individual who was ineligible, the adjutant general may seek to recoup the bonus.

 

(e) If the adjutant general implements a referral bonus program, the adjutant general must:

 

(1) notify the legislative committees with jurisdiction over the Minnesota National Guard;

 

(2) develop internal controls for the referral bonus program aimed at preventing fraud, waste, and abuse of government resources, and publish these internal controls in regulation;

 

(3) by January 16 each year, submit regulations developed under this subdivision to the legislative committees with jurisdiction over the Minnesota National Guard; and

 

(4) maintain an accurate record of the recipients and benefits paid under this subdivision and summarize this information in the agency performance report, including information regarding the rank and unit locations of bonus recipients.

 

Sec. 7.  Minnesota Statutes 2022, section 192.67, is amended to read:

 

192.67 OFFENDERS; TRANSFER TO CIVIL AUTHORITIES; SERVICE MEMBER DATA.

 

Subdivision 1.  Transfer to civil authorities.  When any criminal offense is committed by any officer or enlisted member of the military forces while on duty status other than federal duty, the officer or enlisted member shall be turned over by superior officers to the proper civil authorities of the county or municipality in which the


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12018

offense occurred for punishment for such crime, but such trial and punishment by the civil authorities shall not preclude trial and additional punishment or dismissal from the service by court-martial for any military offense resulting from the commission of said crime.

 

Subd. 2.  Service member data.  Notwithstanding any provision of chapter 13 or other state law, all confidential data on individuals and private data on individuals, as defined by section 13.02, subdivisions 3 and 12, pertaining to any service member of the military forces and maintained by any government entity, including but not limited to investigative reports and law enforcement data, including but not limited to all data collected and defined under section 13.82 pertaining to any service member of the military forces, must be made accessible to the adjutant general of the Minnesota National Guard upon request of the Office of the State Judge Advocate.  All information, data, and records obtained under this subdivision may be accessed, copied, transmitted, or provided to the adjutant general without a court order or request from the subject of the data when the matter involves any officer or enlisted member of the military forces.  The adjutant general may only use data made accessible under this subdivision in support of military justice and Minnesota National Guard administrative and disciplinary actions.

 

Sec. 8.  Minnesota Statutes 2022, section 609.396, is amended to read:

 

609.396 UNAUTHORIZED PRESENCE AT CAMP RIPLEY ON MILITARY INSTALLATIONS.

 

Subdivision 1.  Misdemeanor.  A person is guilty of a misdemeanor if the person intentionally and without the authorization of the adjutant general or a duly appointed commander in accordance with federal regulations enters or is present on the Camp Ripley Military Reservation or in any campground, any military reservation, any armory, any installation, or any facility owned or controlled by the state or federal government for military purposes.

 

Subd. 2.  Felony.  A person is guilty of a felony and may be sentenced to not more than five years imprisonment or to payment of a fine of not more than $10,000, or both, if:

 

(1) the person intentionally enters or is present in an area at the Camp Ripley Military Reservation that is posted by order of the adjutant general as restricted for weapon firing or other hazardous military activity; and.

 

(2) the person knows that doing so creates a risk of death, bodily harm, or serious property damage."

 

Delete the title and insert:

 

"A bill for an act relating to the military; modifying the definition of criminal justice agencies; modifying data that the adjutant general may request from other agencies; modifying powers of the adjutant general; authorizing the adjutant general to establish a referral bonus program; modifying the crime of unauthorized presence at military installations; amending Minnesota Statutes 2022, sections 13.02, subdivision 3a; 13.785; 190.16, subdivisions 3, 6a; 192.25; 192.501, by adding a subdivision; 192.67; 609.396."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 3527, A bill for an act relating to elections; establishing the Minnesota Voting Rights Act; making legislative findings; prohibiting certain actions by political subdivisions or other officials or entities with responsibilities related to election administration that result in voter suppression or vote dilution; establishing a civil cause of action for violations; requiring notice prior to a claim in certain cases; establishing remedies; amending Minnesota Statutes 2022, section 412.02, subdivision 6, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 200.


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Reported the same back with the following amendments:

 

Page 3, delete lines 7 to 22 and insert:

 

"A law, rule, local law, charter provision, local ordinance, or local code relating to the right to vote, or which grants authority to prescribe or maintain voting or elections policies and practices, must be construed or applied liberally in favor of a voter's exercise of the right of suffrage.  To the extent a court is afforded discretion on an issue, including but not limited to discovery, procedure, admissibility of evidence, or remedies, the court must exercise that discretion and weigh other equitable discretion in favor of this right."

 

Page 4, line 31, delete "an" and insert "whether an appropriate remedy exists that would likely mitigate the impairment."

 

Page 4, delete line 32

 

Page 5, line 15, delete everything after "determining" and insert "whether an appropriate remedy exists that would likely mitigate the impairment."

 

Page 5, delete lines 26 and 27

 

Renumber the clauses in sequence

 

Page 6, line 15, delete "None of the factors in subdivision 1 are" and insert "No one factor in subdivision 1 is"

 

Page 8, delete lines 19 and 20

 

Page 8, line 27, after "futile" insert ", consistent with Minnesota's doctrine of exhaustion of administrative remedies"

 

Renumber the clauses in sequence

 

Page 9, line 7, delete "$40,000" and insert "$30,000"

 

Page 9, line 22, after the period, insert "The state is a necessary party in any action in which an alleged violation is based on a political subdivision's implementation of a state law, if the state law does not afford discretion to the political subdivision in its implementation of the law."

 

Page 10, line 4, delete "in favor of the factors listed" and insert "liberally in favor of a voter's exercise of the right of suffrage"

 

Page 10, line 5, delete everything before the period

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 3671, A bill for an act relating to child protection; modifying the definitions of delinquent child, juvenile petty offender, and child in need of protection or services; amending Minnesota Statutes 2022, sections 260B.007, subdivisions 6, 16; 260C.007, subdivision 6.


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Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Newton from the Committee on Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 3677, A bill for an act relating to local government; authorizing counties to appropriate money to certain organizations to defray expenses of Veterans Day exercises; amending Minnesota Statutes 2022, section 375.35.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2022, section 375.34, is amended to read:

 

375.34 MEMORIAL DAY AND VETERANS DAY, APPROPRIATION FOR OBSERVANCE.

 

The county board of each county may appropriate funds from the revenue fund of the county not more than $3,500 annually to aid in the observance of Memorial Day and Veterans Day in commemoration of the noble and valiant deeds of the nation's soldier dead soldiers.

 

Sec. 2.  Minnesota Statutes 2022, section 375.35, is amended to read:

 

375.35 $300 APPROPRIATIONS TO MILITARY SERVICE ORGANIZATIONS FOR MEMORIAL DAY AND VETERANS DAY.

 

A county board may also appropriate funds annually not more than $300 to each post of a recognized military service persons' organization or society, holding charter from Congress or incorporated in this state, organized and existing in the county, to defray the expenses of Memorial Day exercises and Veterans Day exercises."

 

Delete the title and insert:

 

"A bill for an act relating to local government; authorizing counties to appropriate money for Veterans Day; removing limits on county spending for Memorial Day; amending Minnesota Statutes 2022, sections 375.34; 375.35."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

 

H. F. No. 3858, A bill for an act relating to transportation; amending requirements related to active transportation, including regulation of electric-assisted bicycles and sales, requirements on complete streets, driver's education, and authority to issue certain citations; amending Minnesota Statutes 2022, sections 169.011, by adding subdivisions; 169.06, subdivisions 5, 6; 169.14, subdivision 2; 169.21, subdivisions 3, 6; 169.222, subdivision 6b; 174.75, subdivisions 1, 2, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 169.011, subdivision 27; 171.0705, subdivision 2; 171.13, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325F.


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Reported the same back with the following amendments:

 

Page 1, line 19, delete the new language

 

Page 2, delete line 17

 

Page 2, line 18, delete "(4)" and insert "(3)"

 

Page 2, line 19, delete "(5)" and insert "(4)"

 

Page 2, line 20, delete "(6)" and insert "(5)"

 

Page 2, delete section 4

 

Page 5, delete section 5

 

Page 6, delete section 6

 

Page 7, delete section 7

 

Page 8, line 5, delete "two-wheeled vehicle,"

 

Page 8, lines 7 and 8, after "users" insert "and motorcyclists or other operators of two- or three-wheeled vehicles"

 

Page 8, after line 8, insert:

 

"Sec. 5.  Minnesota Statutes 2022, section 169.222, subdivision 6a, is amended to read:

 

Subd. 6a.  Electric-assisted bicycle; riding rules.  (a) A person may operate an electric-assisted bicycle in the same manner as provided for operation of other bicycles, including but not limited to operation on the shoulder of a roadway, a bicycle lane, and a bicycle route, and operation without the motor engaged on a bikeway or bicycle trail.

 

(b) A person may operate a class 1 or class 2 electric-assisted bicycle with the motor engaged on a bicycle path, bicycle trail, or shared use path unless prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph (b), as applicable.

 

(c) A person may operate a class 3 electric-assisted bicycle or multiple mode electric-assisted bicycle with the motor engaged on a bicycle path, bicycle trail, or shared use path unless the local authority or state agency having jurisdiction over the bicycle path or trail prohibits the operation.

 

(d) The local authority or state agency having jurisdiction over a trail or over a bike park that is designated as nonmotorized and that has a natural surface tread made by clearing and grading the native soil with no added surfacing materials may regulate the operation of an electric-assisted bicycle.

 

(e) No A person under the age of 15 shall must not operate an electric-assisted bicycle."

 

Page 8, line 15, delete "each of the" and insert "the highest" and delete "classes" and insert "class"

 

Page 9, line 5, after "users" insert "and motorcyclists or operators of two- or three-wheeled vehicles"

 

Page 9, line 28, after "users" insert "and motorcyclists"

 

Page 11, line 23, after "users" insert ", motorcyclists or other operators of two- or three-wheeled vehicles,"


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Page 12, line 19, delete "continuous rated" and insert "motor"

 

Page 13, line 2, delete everything after "in" and insert "Minnesota law"

 

Page 13, line 3, delete everything before the period

 

Page 13, line 5, delete "accidents" and insert "crashes"

 

Page 13, after line 16, insert:

 

"Sec. 13.  Laws 2023, chapter 68, article 1, section 20, is amended to read:

 

Sec. 20.  TRANSFERS.

 

(a) $152,650,000 in fiscal year 2024 is transferred from the general fund to the trunk highway fund for the state match for highway formula and discretionary grants under the federal Infrastructure Investment and Jobs Act, Public Law 117-58, and for related state investments.

 

(b) $19,500,000 in fiscal year 2024 and $19,500,000 $19,255,000 in fiscal year 2025 are transferred from the general fund to the active transportation account under Minnesota Statutes, section 174.38.  The base for this transfer is $8,875,000 in fiscal year 2026 and $9,000,000 in fiscal year 2027. 

 

(c) By June 30, 2023, the commissioner of management and budget must transfer any remaining unappropriated balance, estimated to be $232,000, from the driver services operating account in the special revenue fund to the driver and vehicle services operating account under Minnesota Statutes, section 299A.705.

 

(d) By June 30, 2023, the commissioner of management and budget must transfer any remaining unappropriated balance, estimated to be $13,454,000, from the vehicle services operating account in the special revenue fund to the driver and vehicle services operating account under Minnesota Statutes, section 299A.705.

 

Sec. 14.  APPROPRIATION.

 

$245,000 in fiscal year 2025 is appropriated from the general fund to the commissioner of transportation for costs related to complete streets implementation training under Minnesota Statutes, section 174.75, subdivision 2a.  This is a onetime appropriation."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, after the first comma, insert "and" and delete ", and authority to issue certain citations" and after the semicolon, insert "appropriating money;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce Finance and Policy.

 

      The report was adopted.


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Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 3957, A bill for an act relating to labor and industry; modifying provisions relating to occupational health and safety; amending Minnesota Statutes 2022, sections 182.664, subdivisions 3, 5; 182.665; 182.666, subdivision 6; 182.667, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 182.6526, subdivision 1; 182.677, subdivisions 1, 2.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 3991, A bill for an act relating to public safety; creating restorative practices restitution program; eliminating ability of court to order fine in delinquency proceeding or juvenile major water or traffic offender proceeding; making conforming and technical changes; amending Minnesota Statutes 2022, sections 260B.198, subdivision 1; 260B.225, subdivision 9; 260B.235, subdivision 4; Minnesota Statutes 2023 Supplement, section 299A.95, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 5, line 2, after "process" insert "that raises funds where applicable"

 

Page 5, line 11, strike everything after the period

 

Page 5, strike lines 12 to 15

 

Page 5, line 30, delete "a" and insert "an available" and after "process" insert "to raise funds" and delete the second "available" and insert "applicable"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety Finance and Policy.

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 4019, A bill for an act relating to public safety; ensuring that victim-identifying supporting documentation submitted by medical service provider to sexual assault exam payment program is classified private data; providing consistent definition of crime victim in statutes; excluding voluntary donation or gift as a collateral source for crime victim reimbursement; amending Minnesota Statutes 2022, sections 243.05, subdivision 1b; 253B.18, subdivision 5a; 253D.14, subdivision 1; 611A.73, subdivision 4; 629.72, subdivisions 1, 7; 629.725; 629.73, subdivision 1, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 609.35; 611A.039, subdivision 1; 611A.52, subdivision 5.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


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Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 4020, A bill for an act relating to public safety; modifying registration and verification process for individuals required to register as predatory offenders; amending Minnesota Statutes 2022, section 243.166, subdivisions 1a, 3, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Newton from the Committee on Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 4038, A bill for an act relating to taxation; property; providing an exemption for land owned by congressionally chartered veterans service organizations; removing the special classification for land owned by congressionally chartered veterans service organizations; amending Minnesota Statutes 2022, section 272.02, by adding a subdivision; Minnesota Statutes 2023 Supplement, section 273.13, subdivision 25.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Fischer from the Committee on Human Services Policy to which was referred:

 

H. F. No. 4075, A bill for an act relating to human services; providing for a payment to Lifeworks Services, Inc., for a disability inclusion pilot project; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Human Services Finance.

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 4100, A bill for an act relating to consumer protection; modifying various provisions governing debt collection, garnishment, and consumer finance; providing for debtor protections; requiring a review of certain statutory forms; amending Minnesota Statutes 2022, sections 176.175, subdivision 2; 332.31, subdivision 3, by adding subdivisions; 332.32; 332.37; 332.39; 334.01, by adding a subdivision; 519.05; 541.04; 541.053; 548.09, subdivision 1; 550.37, subdivisions 2, 4, 6, 12a, 14, 20, 22, 23, by adding subdivisions; 550.39; 563.01, subdivisions 3, 4, 8, 9, 10; 563.02, subdivision 2; 571.72, subdivisions 6, 9; 571.76; 571.911; 571.914, subdivision 1; 571.92; 571.921; 571.922; 571.924, subdivision 1; Minnesota Statutes 2023 Supplement, section 270A.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 62Q; 332; 550; 571.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [62J.805] DEFINITIONS.

 

Subdivision 1.  Application.  For purposes of sections 62J.805 to 62J.808, the following terms have the meanings given.


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Subd. 2.  Group practice.  "Group practice" has the meaning given to health care provider group practice in section 145D.01, subdivision 1.

 

Subd. 3.  Health care provider.  "Health care provider" means:

 

(1) a health professional who is licensed or registered by the state to provide health treatments and services within the professional's scope of practice and in accordance with state law;

 

(2) a group practice; or

 

(3) a hospital.

 

Subd. 4.  Health plan.  "Health plan" has the meaning given in section 62A.011, subdivision 3.

 

Subd. 5.  Hospital.  "Hospital" means a health care facility licensed as a hospital under sections 144.50 to 144.56.

 

Subd. 6.  Medically necessary.  "Medically necessary" means:

 

(1) safe and effective;

 

(2) not experimental or investigational, except as provided in Code of Federal Regulations, title 42, section 411.15(o);

 

(3) furnished in accordance with acceptable medical standards of medical practice for the diagnosis or treatment of the patient's condition or to improve the function of a malformed body member;

 

(4) furnished in a setting appropriate to the patient's medical need and condition;

 

(5) ordered and furnished by qualified personnel;

 

(6) meets, but does not exceed, the patient's medical need; and

 

(7) is at least as beneficial as an existing and available medically appropriate alternative.

 

Subd. 7.  Miscode.  "Miscode" means a health care provider or a health care provider's designee, using a coding system and for billing purposes, assigns a numeric or alphanumeric code to a health treatment or service provided to a patient and the code assigned does not accurately reflect the health treatment or service provided based on factors that include the patient's diagnosis and the complexity of the patient's condition.

 

Subd. 8.  Payment.  "Payment" includes co-payments and coinsurance and deductible payments made by a patient.

 

Sec. 2.  [62J.806] POLICY FOR COLLECTION OF MEDICAL DEBT.

 

Subdivision 1.  Requirement.  Each health care provider must make available to the public the health care provider's policy for the collection of medical debt from patients.  This policy must be made available by:

 

(1) clearly posting it on the health care provider's website or, for health professionals, on the website of the health clinic, group practice, or hospital at which the health professional is employed or under contract; and

 

(2) providing a copy of the policy to any individual who requests it.

 

Subd. 2.  Content.  A policy made available under this section must at least specify the procedures followed by the health care provider for:

 

(1) communicating with patients about the medical debt owed and collecting medical debt;


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(2) referring medical debt to a collection agency or law firm for collection; and

 

(3) identifying medical debt as uncollectible or satisfied, and ending collection activities.

 

Sec. 3.  [62J.807] DENIAL OF HEALTH TREATMENTS OR SERVICES DUE TO OUTSTANDING MEDICAL DEBT.

 

(a) A health care provider must not deny medically necessary health treatments or services to a patient or any member of the patient's family or household because of outstanding or previously outstanding medical debt owed by the patient or any member of the patient's family or household to the health care provider, regardless of whether the health treatment or service may be available from another health care provider.

 

(b) As a condition of providing medically necessary health treatments or services in the circumstances described in paragraph (a), a health care provider may require the patient to enroll in a payment plan for the outstanding medical debt owed to the health care provider.

 

Sec. 4.  [62J.808] BILLING AND PAYMENT FOR MISCODED HEALTH TREATMENTS AND SERVICES.

 

Subdivision 1.  Participation and cooperation required.  Each health care provider must participate in, and cooperate with, all processes and investigations to identify, review, and correct the coding of health treatments and services that are miscoded by the health care provider or a designee.

 

Subd. 2.  Notice; billing and payment during review.  (a) When a health care provider receives notice, other than notice from a health plan company as provided in paragraph (b), or otherwise determines that a health treatment or service may have been miscoded, the health care provider must notify the health plan company administering the patient's health plan in a timely manner of the potentially miscoded health treatment or service.

 

(b) When a health plan company receives notice, other than notice from a health care provider as provided in paragraph (a), or otherwise determines that a health treatment or service may have been miscoded, the health plan company must notify the health care provider who provided the health treatment or service of the potentially miscoded health treatment or service.

 

(c) When a review of a potentially miscoded health treatment or service is commenced, the health care provider and health plan company must notify the patient that a miscoding review is being conducted and that the patient will not be billed for any health treatment or service subject to the review and is not required to submit payments for any health treatment or service subject to the review until the review is complete and any miscoded health treatments or services are correctly coded.

 

(d) While a review of a potentially miscoded health treatment or service is being conducted, the health care provider and health plan company must not bill the patient for, or accept payment from the patient for, any health treatment or service subject to the review.

 

Subd. 3.  Billing and payment after completion of review.  The health care provider and health plan company may bill the patient for, and accept payment from the patient for, the health treatment or service that was subject to the miscoding review only after the review is complete and any miscoded health treatments or services have been correctly coded.

 

Sec. 5.  Minnesota Statutes 2023 Supplement, section 144.587, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) The terms defined in this subdivision apply to this section and sections 144.588 to 144.589.


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(b) "Charity care" means the provision of free or discounted care to a patient according to a hospital's financial assistance policies.

 

(c) "Hospital" means a private, nonprofit, or municipal hospital licensed under sections 144.50 to 144.56.

 

(d) "Insurance affordability program" has the meaning given in section 256B.02, subdivision 19.

 

(e) "Navigator" has the meaning given in section 62V.02, subdivision 9.

 

(f) "Presumptive eligibility" has the meaning given in section 256B.057, subdivision 12.

 

(g) "Revenue recapture" means the use of the procedures in chapter 270A to collect debt.

 

(h) (g) "Uninsured service or treatment" means any service or treatment that is not covered by:

 

(1) a health plan, contract, or policy that provides health coverage to a patient; or

 

(2) any other type of insurance coverage, including but not limited to no-fault automobile coverage, workers' compensation coverage, or liability coverage.

 

(i) (h) "Unreasonable burden" includes requiring a patient to apply for enrollment in a state or federal program for which the patient is obviously or categorically ineligible or has been found to be ineligible in the previous 12 months.

 

Sec. 6.  Minnesota Statutes 2023 Supplement, section 144.587, subdivision 4, is amended to read:

 

Subd. 4.  Prohibited actions.  (a) A hospital must not initiate one or more of the following actions until the hospital determines that the patient is ineligible for charity care or denies an application for charity care:

 

(1) offering to enroll or enrolling the patient in a payment plan;

 

(2) changing the terms of a patient's payment plan;

 

(3) offering the patient a loan or line of credit, application materials for a loan or line of credit, or assistance with applying for a loan or line of credit, for the payment of medical debt;

 

(4) referring a patient's debt for collections, including in-house collections, third-party collections, revenue recapture, or any other process for the collection of debt; or

 

(5) denying health care services to the patient or any member of the patient's household because of outstanding medical debt, regardless of whether the services are deemed necessary or may be available from another provider; or

 

(6) (5) accepting a credit card payment of over $500 for the medical debt owed to the hospital.

 

(b) A hospital is subject to section 62J.807.

 

Sec. 7.  Minnesota Statutes 2022, section 176.175, subdivision 2, is amended to read:

 

Subd. 2.  Nonassignability.  No claim for compensation or settlement of a claim for compensation owned by an injured employee or dependents is assignable.  Except as otherwise provided in this chapter, any claim for compensation owned by an injured employee or dependents is exempt from seizure or sale for the payment of any debt or liability, up to a total amount of $1,000,000 per claim and subsequent award.


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Sec. 8.  Minnesota Statutes 2023 Supplement, section 270A.03, subdivision 2, is amended to read:

 

Subd. 2.  Claimant agency.  "Claimant agency" means any state agency, as defined by section 14.02, subdivision 2, the regents of the University of Minnesota, any district court of the state, any county, any statutory or home rule charter city, including a city that is presenting a claim for a municipal hospital or a public library or a municipal ambulance service, a hospital district, any ambulance service licensed under chapter 144E, any public agency responsible for child support enforcement, any public agency responsible for the collection of court-ordered restitution, and any public agency established by general or special law that is responsible for the administration of a low-income housing program.

 

Sec. 9.  [332C.01] DEFINITIONS.

 

Subdivision 1.  Application.  For purposes of this chapter, the following terms have the meanings given.

 

Subd. 2.  Collecting party.  "Collecting party" means a party engaged in the collection of medical debt for any account, bill, or other indebtedness, except as hereinafter provided.

 

Subd. 3.  Debtor.  "Debtor" means a person obligated or alleged to be obligated to pay any debt.

 

Subd. 4.  Medical debt.  "Medical debt" means debt incurred primarily for medically necessary health treatment or services debt.  Medical debt does not include debt charged to a credit card unless the credit card is issued under a credit plan offered specifically for the payment of health care treatment or services.

 

Subd. 5.  Medically necessary.  "Medically necessary" has the meaning given in section 62J.805, subdivision 6.

 

Subd. 6.  Person.  "Person" means any individual, partnership, association, or corporation.

 

Sec. 10.  [332C.02] PROHIBITED PRACTICES.

 

No collecting party shall:

 

(1) in a collection letter, publication, invoice, or any oral or written communication, threaten wage garnishment or legal suit by a particular lawyer, unless the collecting party has actually retained the lawyer to do so;

 

(2) use or employ sheriffs or any other officer authorized to serve legal papers in connection with the collection of a claim, except when performing their legally authorized duties;

 

(3) use or threaten to use methods of collection which violate Minnesota law;

 

(4) furnish legal advice to debtors or represent that the collecting party is competent or able to furnish legal advice to debtors;

 

(5) communicate with debtors in a misleading or deceptive manner by falsely using the stationery of a lawyer, forms or instruments which only lawyers are authorized to prepare, or instruments which simulate the form and appearance of judicial process;

 

(6) publish or cause to be published any list of debtors, use shame cards or shame automobiles, advertise or threaten to advertise for sale any claim as a means of forcing payment thereof, or use similar devices or methods of intimidation;

 

(7) operate under a name or in a manner which falsely implies the collecting party is a branch of or associated with any department of federal, state, county, or local government or an agency thereof;


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(8) transact business or hold itself out as a debt settlement company, debt management company, debt adjuster, or any person who settles, adjusts, prorates, pools, liquidates, or pays the indebtedness of a debtor, unless there is no charge to the debtor, or the pooling or liquidation is done pursuant to court order or under the supervision of a creditor's committee;

 

(9) unless an exemption in the law exists, violate Code of Federal Regulations, title 12, part 1006, while attempting to collect on any account, bill, or other indebtedness.  For purposes of this section, Public Law 95-109 and Code of Federal Regulations, title 12, part 1006, apply to collecting parties;

 

(10) communicate with a debtor by use of an automatic telephone dialing system or an artificial or prerecorded voice after the debtor expressly informs the collecting party to cease communication utilizing an automatic telephone dialing system or an artificial or prerecorded voice.  For purposes of this clause, an automatic telephone dialing system or an artificial or prerecorded voice includes but is not limited to (i) artificial intelligence chat bots, and (ii) the usage of the term under the Telephone Consumer Protection Act, United States Code, title 47, section 227(b)(1)(A);

 

(11) in collection letters or publications, or in any oral or written communication, imply or suggest that medically necessary health treatment or services will be denied as a result of a medical debt;

 

(12) when a debtor has a listed telephone number, enlist the aid of a neighbor or third party to request that the debtor contact the collecting party, except a person who resides with the debtor or a third party with whom the debtor has authorized with the collecting party to place the request.  This clause does not apply to a call back message left at the debtor's place of employment which is limited solely to the collecting party's telephone number and name;

 

(13) when attempting to collect a medical debt, fail to provide the debtor with the full name of the collecting party, as registered with the secretary of state;

 

(14) fail to return any amount of overpayment from a debtor to the debtor or to the state of Minnesota pursuant to the requirements of chapter 345;

 

(15) accept currency or coin as payment for a medical debt without issuing an original receipt to the debtor and maintain a duplicate receipt in the debtor's payment records;

 

(16) attempt to collect any amount, including any interest, fee, charge, or expense incidental to the charge-off obligation, from a debtor unless the amount is expressly authorized by the agreement creating the medical debt or is otherwise permitted by law;

 

(17) falsify any documents with the intent to deceive;

 

(18) when initially contacting a Minnesota debtor by mail to collect a medical debt, fail to include a disclosure on the contact notice, in a type size or font which is equal to or larger than the largest other type of type size or font used in the text of the notice, that includes and identifies the Office of the Minnesota Attorney General's general telephone number, and states:  "You have the right to hire your own attorney to represent you in this matter.";

 

(19) commence legal action to collect a medical debt outside the limitations period set forth in section 541.053;

 

(20) report to a credit reporting agency any medical debt which the collecting party knows or should know is or was originally owed to a health care provider, as defined in section 62J.805, subdivision 2; or

 

(21) challenge a debtor's claim of exemption to garnishment or levy in a manner that is baseless, frivolous, or otherwise in bad faith.


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Sec. 11.  [332C.04] DEFENDING MEDICAL DEBT CASES.

 

A debtor who successfully defends against a claim for payment of medical debt that is alleged by a collecting party must be awarded the debtor's costs, including a reasonable attorney fee, incurred in defending against the collecting party's claim for debt payment.

 

Sec. 12.  [332C.06] ENFORCEMENT.

 

(a) The attorney general may enforce this chapter under section 8.31.

 

(b) A collecting party that violates this chapter is strictly liable to the debtor in question for the sum of:

 

(1) actual damage sustained by the debtor as a result of the violation;

 

(2) additional damages as the court may allow, but not exceeding $1,000 per violation; and

 

(3) in the case of any successful action to enforce the foregoing, the costs of the action, together with a reasonable attorney fee as determined by the court.

 

(c) A collecting party that willfully and maliciously violates this chapter is strictly liable to the debtor for three times the sums allowable under paragraph (b), clauses (1) and (2).

 

(d) The dollar amount limit under paragraph (b), clause (2), changes on July 1 of each even-numbered year in an amount equal to changes made in the Consumer Price Index, compiled by the United States Bureau of Labor Statistics.  The Consumer Price Index for December 2024 is the reference base index.  If the Consumer Price Index is revised, the percentage of change made under this section must be calculated on the basis of the revised Consumer Price Index.  If a Consumer Price Index revision changes the reference base index, a revised reference base index must be determined by multiplying the reference base index that is effective at the time by the rebasing factor furnished by the Bureau of Labor Statistics.

 

(e) If the Consumer Price Index is superseded, the Consumer Price Index referred to in this section is the Consumer Price Index represented by the Bureau of Labor Statistics as most accurately reflecting changes in the prices paid by consumers for consumer goods and services.

 

(f) The attorney general must publish the base reference index under paragraph (c) in the State Register no later than September 1, 2024.  The attorney general must calculate and then publish the revised Consumer Price Index under paragraph (c) in the State Register no later than September 1 each even-numbered year.

 

(g) An action brought under this section benefits the public.

 

(h) A collecting party may not be held liable in any action brought under this section if the collecting party shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error made notwithstanding the maintenance of procedures reasonably adopted to avoid any such error.

 

Sec. 13.  Minnesota Statutes 2022, section 334.01, is amended by adding a subdivision to read:

 

Subd. 4.  Contracts for medical care.  Interest for any debt owed to a health care provider incurred in exchange for care, treatment, services, devices, medicines, or procedures to maintain, diagnose, or treat a person's physical or mental health shall be at a rate of $4 upon $100 for a year.

 

Sec. 14.  Minnesota Statutes 2022, section 519.05, is amended to read:

 

519.05 LIABILITY OF HUSBAND AND WIFE SPOUSES.


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(a) A spouse is not liable to a creditor for any debts of the other spouse.  Where husband and wife are living together, they shall be jointly and severally liable for necessary medical services that have been furnished to either spouse, including any claims arising under section 246.53, 256B.15, 256D.16, or 261.04, and necessary household articles and supplies furnished to and used by the family. Notwithstanding this paragraph, in a proceeding under chapter 518 the court may apportion such debt between the spouses.

 

(b) Either spouse may close a credit card account or other unsecured consumer line of credit on which both spouses are contractually liable, by giving written notice to the creditor.

 

Sec. 15.  Minnesota Statutes 2022, section 550.37, subdivision 2, is amended to read:

 

Subd. 2.  Bible and musical instrument Sacred possessions.  The family Bible, library, and musical instruments Torah, Qur'an, prayer rug, and other religious items in an aggregate amount not exceeding $2,000.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 16.  Minnesota Statutes 2022, section 550.37, is amended by adding a subdivision to read:

 

Subd. 2a.  Library.  A personal library in an aggregate amount not exceeding $2,000.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 17.  Minnesota Statutes 2022, section 550.37, is amended by adding a subdivision to read:

 

Subd. 2b.  Musical instruments.  Musical instruments in an aggregate amount not exceeding $2,000.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 18.  Minnesota Statutes 2022, section 550.37, subdivision 4, is amended to read:

 

Subd. 4.  Personal goods.  (a) All wearing apparel, one watch, utensils, and foodstuffs of the debtor and the debtor's family.

 

(b) Household furniture, household appliances, phonographs, radio and television receivers radios, computers, tablets, televisions, printers, cell phones, smart phones, and other consumer electronics of the debtor and the debtor's family, not exceeding $11,250 in value.

 

(c) The debtor's aggregate interest, not exceeding $3,062.50 in value, in wedding rings or other religious or culturally recognized symbols of marriage exchanged between the debtor and spouse at the time of the marriage and in the debtor's possession jewelry.

 

The exemption provided by this subdivision may not be waived except with regard to purchase money security interests.  Except for a pawnbroker's possessory lien, a nonpurchase money security interest in the property exempt under this subdivision is void.

 

If a debtor has property of the type which would qualify for the exemption under clause (b), of a value in excess of $11,250 an itemized list of the exempt property, together with the value of each item listed, shall be attached to the security agreement at the time a security interest is taken, and a creditor may take a nonpurchase money security interest in the excess over $11,250 by requiring the debtor to select the exemption in writing at the time the loan is made.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.


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Sec. 19.  Minnesota Statutes 2022, section 550.37, subdivision 6, is amended to read:

 

Subd. 6.  Tools of trade.  The tools, implements, machines, vehicles, instruments, office furniture, stock in trade, and library reasonably necessary in the trade, business, or profession of the debtor, not exceeding $12,500 in value.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 20.  Minnesota Statutes 2022, section 550.37, subdivision 12a, is amended to read:

 

Subd. 12a.  Motor vehicles.  One of the following:  (1) one motor vehicle, to the extent of a value not exceeding $5,000 $10,000; (2) one motor vehicle that is regularly used by or for the benefit of a physically disabled person, as defined under section 169.345, subdivision 2, to the extent of a value not exceeding $25,000; or (3) one motor vehicle, to the extent of a value not exceeding $50,000 $100,000, that has been designed or modified, at a cost of not less than $3,750, to accommodate the physical disability making a disabled person eligible for a certificate authorized by section 169.345.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 21.  Minnesota Statutes 2022, section 550.37, subdivision 14, is amended to read:

 

Subd. 14.  Public assistance.  All government assistance based on need, and the earnings or salary of a person who is a recipient of government assistance based on need, shall be exempt from all claims of creditors including any contractual setoff or security interest asserted by a financial institution.  For the purposes of this chapter, government assistance based on need includes but is not limited to Minnesota family investment program,; Supplemental Security Income,; medical assistance, received by the person or by the person's dependent child; MinnesotaCare, received by the person or by the person's dependent child; payment of Medicare part B premiums or receipt of part D extra help,; MFIP diversionary work program,; work participation cash benefit,; Minnesota supplemental assistance,; emergency Minnesota supplemental assistance,; general assistance,; emergency general assistance,; emergency assistance or county crisis funds,; energy or fuel assistance, and; Supplemental Nutrition Assistance Program (SNAP); and the portion of any tax refund attributable to a state or federal tax credit, including but not limited to the earned income tax credit, state or federal child tax credit, Minnesota working family credit, renter's credit, or any low-income tax credit.  The salary or earnings of any debtor who is or has been an eligible recipient of government assistance based on need, or an inmate of a correctional institution shall, upon the debtor's return to private employment or farming after having been an eligible recipient of government assistance based on need, or an inmate of a correctional institution, be exempt from attachment, garnishment, or levy of execution for a period of six months after the debtor's return to employment or farming and after all public assistance for which eligibility existed has been terminated.  Any portion of an income tax refund consisting of income that was exempt when the income was earned is also exempt under this subdivision.  The exemption provisions contained in this subdivision also apply for 60 days after deposit in any financial institution, whether in a single or joint account.  In tracing the funds, the first-in first-out method of accounting shall be used.  The burden of establishing that funds are exempt rests upon the debtor.  Agencies distributing government assistance and the correctional institutions shall, at the request of creditors, inform them whether or not any debtor has been an eligible recipient of government assistance based on need, or an inmate of a correctional institution, within the preceding six months.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 22.  Minnesota Statutes 2022, section 550.37, subdivision 20, is amended to read:

 

Subd. 20.  Traceable funds.  The exemption of funds from creditors' claims, provided by subdivisions 9, 10, 11, 15, 22, and 24, shall not be affected by the subsequent deposit of the funds in a bank or any other financial institution, whether in a single or joint account, if the funds are traceable to their the funds' exempt source.  In


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tracing the funds, the first-in first-out method of accounting shall be used.  The burden of establishing that funds are exempt rests upon the debtor.  No bank or other financial institution shall be liable for damages for complying with process duly issued out of any court for the collection of a debt even if the funds affected by the process are subsequently determined to have been exempt.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 23.  Minnesota Statutes 2022, section 550.37, subdivision 22, is amended to read:

 

Subd. 22.  Rights of action.  Rights of action or money received for injuries to the person of the debtor or of a relative whether or not resulting in death.  Injuries to the person include physical, mental, and emotional injuries.  The exemption under this subdivision applies to the right to receive, annuities being paid, and money already received.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 24.  Minnesota Statutes 2022, section 550.37, subdivision 23, is amended to read:

 

Subd. 23.  Life insurance aggregate interest.  The debtor's aggregate interest not to exceed in value $10,000 in any accrued dividend dividends or interest under or loan value of any unmatured life insurance contract contracts owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 25.  Minnesota Statutes 2022, section 550.37, is amended by adding a subdivision to read:

 

Subd. 27.  Household tools and equipment.  The debtor's aggregate interest, not to exceed $3,000, in household tools and equipment, including but not limited to hand and power tools, snow removal equipment, and lawnmowers.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 26.  Minnesota Statutes 2022, section 550.37, is amended by adding a subdivision to read:

 

Subd. 28.  Property tax refunds.  Any refund due under chapter 290A, up to a present value of $3,000.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 27.  Minnesota Statutes 2022, section 550.37, is amended by adding a subdivision to read:

 

Subd. 29.  Funds in a depository account.  An amount up to an aggregate of $4,000 in financial institutions in which the debtor has a depository account, regardless of the sources of the funds, is exempt from garnishment under sections 571.91 to 571.915.  This exemption cannot be claimed in conjunction with the exemption under subdivision 30.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to garnishment levied on or after that date.


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Sec. 28.  Minnesota Statutes 2022, section 550.37, is amended by adding a subdivision to read:

 

Subd. 30.  Wild card exemption in bankruptcy.  In a bankruptcy, a debtor may exempt any property, including funds in a bank account, up to $4,000 in value.  A debtor cannot claim this exemption if they are already protecting funds in a bank account under subdivision 29, nor may they use this subdivision in conjunction with subdivision 29.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to exemptions claimed on or after that date.

 

Sec. 29.  [550.3711] MOTOR VEHICLE; BANKRUPTCY DEBTOR'S RIGHT TO RETAIN.

 

Subdivision 1.  No default.  If a buyer does not default in performing the buyer's obligations under the contract, the seller or holder is prohibited from (1) accelerating the maturity of part or the entire amount due under the contract, or (2) repossessing the motor vehicle.

 

Subd. 2.  Bankruptcy.  (a) Neither of the following constitutes a default in the performance of the buyer's obligations under the contract:  (1) the buyer or another individual liable under the contract files a petition commencing a case for bankruptcy under United States Code, title 11; or (2) the buyer or another individual liable under the contract is a debtor in bankruptcy.

 

(b) The act or status under paragraph (a), clauses (1) and (2), with respect to the buyer or another individual liable on the contract, must not be used by a seller or holder to:  (1) accelerate the maturity of a portion of or the entire amount due under the contract; or (2) repossess the motor vehicle.

 

(c) A contract provision that states an act or status under paragraph (a), clauses (1) and (2), with respect to the buyer or another individual liable on the contract, constitutes a default is void and unenforceable.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 30.  Minnesota Statutes 2022, section 550.39, is amended to read:

 

550.39 EXEMPTION OF INSURANCE POLICIES.

 

The net amount payable to any insured or to any beneficiary under any policy of accident or disability insurance or under accident or disability clauses attached to any policy of life insurance shall be exempt and free and clear from the claims of all creditors of such insured or such beneficiary and from all legal and judicial processes of execution, attachment, garnishment, or otherwise, up to a total amount of $1,000,000 per claim and subsequent award.

 

Sec. 31.  Minnesota Statutes 2022, section 563.01, subdivision 3, is amended to read:

 

Subd. 3.  Court fee waiver; authorization of in forma pauperis.  (a) Any court of the state of Minnesota or any political subdivision thereof may authorize the commencement or defense of any civil action, or appeal therein, without prepayment of fees, costs and security for costs by a natural person who makes affidavit stating (a) the nature of the action, defense or appeal, (b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to pay the fees, costs and security for costs.

 

(b) Upon a finding by the court that the action is not of a frivolous nature, the court shall allow the person to proceed in forma pauperis with a court fee waiver if the affidavit is substantially in the language required by this subdivision and is not found by the court to be untrue.  Persons meeting the requirements of this subdivision include, but are not limited to, a person who is receiving public assistance described in section 550.37, subdivision 14, who is represented by an attorney on behalf of a civil legal services program or a volunteer attorney program based on indigency, or who has an annual income not greater than 125 percent of the poverty line established under United States Code, title 42, section 9902(2), except as otherwise provided by section 563.02.


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(c) If, at commencement of the action, the court finds that a party does not meet the eligibility criteria under paragraph (b), but the court also finds that the party is not able to pay all of the fees, costs, and security for costs, the court may order payment of a fee of $75 or partial payment of the fees, costs, and security for costs, to be paid as directed by the court.

 

The court administrator shall transmit any fees or payments to the commissioner of management and budget for deposit in the state treasury and credit to the general fund.

 

Sec. 32.  Minnesota Statutes 2022, section 563.01, subdivision 4, is amended to read:

 

Subd. 4.  Payment of expenses.  Upon order of the court, the court administrator and the sheriff of any Minnesota county shall perform their duties without charge to the person proceeding in forma pauperis with a court fee waiver.  The court shall direct payment of the reasonable expense of service of process pursuant to subdivision 2 if served by a private process server, if the sheriff is unavailable, or by publication.

 

Sec. 33.  Minnesota Statutes 2022, section 563.01, subdivision 8, is amended to read:

 

Subd. 8.  Appellate briefs.  In any case on appeal the appellate court shall, upon granting permission to proceed in forma pauperis with a court fee waiver following application in the manner provided in subdivision 3, direct payment of the reasonable expenses incurred in obtaining the record and reproducing the appellate briefs.

 

Sec. 34.  Minnesota Statutes 2022, section 563.01, subdivision 9, is amended to read:

 

Subd. 9.  Rescinding in forma pauperis status court fee waiver.  Upon motion, the court may rescind its permission to proceed in forma pauperis with a court fee waiver if it the court finds the allegations of poverty contained in the affidavit are untrue, or if, following commencement of the action, the party becomes able to pay the fees, costs and security for the costs.  In such cases, the court may direct the party to pay to the court administrator any costs allowing the action to proceed.  The court administrator shall transmit the costs to the commissioner of management and budget for deposit in the state treasury and credit them to the general fund.

 

Sec. 35.  Minnesota Statutes 2022, section 563.01, subdivision 10, is amended to read:

 

Subd. 10.  Judgment.  Judgment may be rendered for costs at the conclusion of the action as in other cases.  In the event any person recovers moneys by either settlement or judgment as a result of commencing or defending an action in forma pauperis with a court fee waiver, the costs deferred and the expenses directed by the court to be paid under this section shall be included in such moneys and shall be paid directly to the court administrator by the opposing party.  The court administrator shall transmit the costs to the commissioner of management and budget for deposit in the state treasury and credit them to the general fund.

 

Sec. 36.  Minnesota Statutes 2022, section 563.02, subdivision 2, is amended to read:

 

Subd. 2.  Inmate request to proceed in forma pauperis waive court fees.  (a) An inmate who wishes to commence a civil action by proceeding in forma pauperis with court fee waived must meet the following requirements, in addition to the requirements of section 563.01, subdivision 3:

 

(1) exhaust the inmate complaint procedure developed under the commissioner of corrections policy and procedure before commencing a civil action against the department, and state in the application to proceed in forma pauperis waive court fees that the inmate has done so; and

 

(2) include the following information in an affidavit submitted under section 563.01:

 

(i) a statement that the inmate's claim is not substantially similar to a previous claim brought by the inmate against the same party, arising from the same operative facts, and in which there was an action that operated as an adjudication on the merits;


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(ii) complete information on the inmate's identity, the nature and amount of the inmate's income, spouse's income, if available to the inmate, real property owned by the inmate, and the inmate's bank accounts, debts, monthly expenses, and number of dependents; and

 

(iii) the most recent monthly statement provided by the commissioner of corrections showing the balance in the inmate's inmate account.

 

(b) The inmate shall also attach a written authorization for the court to obtain at any time during pendency of the present action, without further authorization from the inmate, a current statement of the inmate's inmate account balance, if needed to determine eligibility to proceed with bringing a civil action in forma pauperis with court fees waived.  An inmate who has no funds in an inmate account satisfies the requirement of section 563.01, subdivision 3, clause (c).

 

(c) An inmate who seeks to proceed as a plaintiff in forma pauperis with court fees waived must file with the court the complaint in the action and the affidavit under this section before serving the complaint on an opposing party.

 

(d) An inmate who has funds in an inmate account may only proceed as a plaintiff in a civil action by paying the lesser of:

 

(1) the applicable court filing fee; or

 

(2) 50 percent of the balance shown in the inmate's account according to the statement filed with the court under this subdivision, consistent with the requirements of section 243.23, subdivision 3.

 

(e) If an inmate elects to proceed under paragraph (d), the court shall notify the commissioner of corrections to withdraw from the inmate's account the amount required under this section and forward the amount to the court administrator in the county where the action was commenced.  The court shall also notify the commissioner of corrections of the amount of the filing fee remaining unpaid.  The commissioner shall continue making withdrawals from the inmate's account and forwarding the amounts withdrawn to the court administrator, at intervals as the applicable funds in the inmate's account equal at least $10, until the entire filing fee and any costs have been paid in full.

 

Sec. 37.  Minnesota Statutes 2022, section 571.72, subdivision 6, is amended to read:

 

Subd. 6.  Bad faith claim.  If, in a proceeding brought under subdivision 9, section 571.91, or a similar proceeding under this chapter to determine a claim of exemption, the claim of exemption is not upheld, and the court finds that it was asserted in bad faith, the creditor shall be awarded actual damages, costs, reasonable attorney fees resulting from the additional proceedings, and an amount not to exceed $100.  If the claim of exemption is upheld, and the court finds that the creditor disregarded the claim of exemption in bad faith, the debtor shall be awarded actual damages, costs, reasonable attorney fees resulting from the additional proceedings, and an amount not to exceed $100.  The underlying judgment shall be modified to reflect assessment of damages, costs, and attorney fees.  However, if the party in whose favor a penalty assessment is made is not actually indebted to that party's attorney for fees, the attorney's fee award shall be made directly to the attorney and if not paid an appropriate judgment in favor of the attorney shall be entered.

 

Sec. 38.  Minnesota Statutes 2022, section 571.72, subdivision 8, is amended to read:

 

Subd. 8.  Exemption notice.  In every garnishment where the debtor is a natural person, the debtor shall be provided with a garnishment exemption notice.  If the creditor is garnishing earnings, the earnings exemption notice provided in section 571.924 must be served ten or more days before the service of the first garnishment summons. 


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If the creditor is garnishing funds in a financial institution, the exemption notice provided in section 571.912 must be served with the garnishment summons.  In all other cases, the exemption notice must be in the following form and served on the debtor with a copy of the garnishment summons.

 

STATE OF MINNESOTA                                                                                                                            DISTRICT COURT

COUNTY OF .............................................................                 .............................................................. JUDICIAL DISTRICT

..................................................................... (Creditor)

against

....................................................................... (Debtor)                                                                            EXEMPTION NOTICE

and        

................................................................. (Garnishee)

 

A Garnishment Summons is being served upon you.  Some of your property may be exempt and cannot be garnished.  The following is a list of some of the more common exemptions.  It is not complete and is subject to section 550.37 of the Minnesota Statutes and other state and federal laws.  The dollar amounts contained in this list are subject to the provisions of section 550.37, subdivision 4a, at the time of garnishment.  If you have questions about an exemption, you should obtain legal advice.

 

(1) a homestead or the proceeds from the sale of a homestead;

 

(2) household furniture, appliances, phonographs, radios, and televisions up to a total current value of $5,850;

 

(3) a manufactured (mobile) home used as your home;

 

(4) one motor vehicle currently worth less than $2,600 after deducting any security interest;

 

(5) farm machinery used by an individual principally engaged in farming, or tools, machines, or office furniture used in your business or trade.  This exemption is limited to $13,000;

 

(6) relief based on need.  This includes:

 

(i) Minnesota Family Investment Program (MFIP) and Work First Program;

 

(ii) Medical Assistance (MA), whether received by you or by your dependent child;

 

(iii) General Assistance (GA);

 

(iv) Emergency General Assistance (EGA);

 

(v) Minnesota Supplemental AID (MSA);

 

(vi) MSA-Emergency Assistance (MSA-EA);

 

(vii) Supplemental Security Income (SSI);

 

(viii) Energy Assistance; and

 

(ix) Emergency Assistance (EA);

 

(7) Social Security benefits;

 

(8) unemployment benefits, workers' compensation, or veteran's benefits;


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(9) an accident, disability, or retirement pension or annuity;

 

(10) life insurance proceeds;

 

(11) earnings of your minor child; and

 

(12) money from a claim for damage or destruction of exempt property (such as household goods, farm tools, business equipment, a manufactured (mobile) home, or a car).

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to exemption notices provided on or after that date.

 

Sec. 39.  Minnesota Statutes 2022, section 571.72, subdivision 9, is amended to read:

 

Subd. 9.  Motion to determine objections.  (a) This subdivision applies to all garnishment proceedings governed by this chapter.  An objection regarding a garnishment must be interposed as provided in section 571.914, subdivision 1, in the form provided under section 571.914, subdivision 2.

 

(b) Upon motion of any party in interest, on notice, the court shall determine the validity of any claim of exemption and may make any order necessary to protect the rights of those interested.

 

(c) Upon receipt of a claim of exemption by the debtor, the creditor must comply with the claim or interpose an objection within ten business days of the date the exemption claim was received.  An objection must be interposed by:

 

(1) in the district court that issued the judgment, filing the Notice of Objection and requesting a hearing; and

 

(2) mailing or delivering one copy of the Notice of Objection and Notice of Hearing to the garnishee and one copy of the Notice of Objection and Notice of Hearing to the debtor.

 

(d) For the purposes of subdivision 6, there is a rebuttable presumption of bad faith if the court finds that the creditor failed to comply with the requirements of this subdivision.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 40.  Minnesota Statutes 2022, section 571.72, subdivision 10, is amended to read:

 

Subd. 10.  Exemption notice for prejudgment garnishment.

 

EXEMPTION NOTICE

 

IMPORTANT NOTICE:  A garnishment summons may be served on your employer, bank, or other third parties without any further court proceeding or notice to you.  See the attached Notice of Intent to Garnish for more information.

 

The following money and wages may be protected (the legal word is exempt) from garnishment:

 

1.  Financial institutions/bank

 

Some of the money in your account may be protected because you receive government benefits from one or more of the following places:

 

MFIP - Minnesota family investment program,

 

MFIP Diversionary Work Program,


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Work participation cash benefit,

 

GA - general assistance,

 

EA - emergency assistance,

 

MA - medical assistance, whether received by you or by your dependent child,

 

EGA - emergency general assistance or county crisis funds,

 

MSA - Minnesota supplemental aid,

 

MSA-EA - MSA emergency assistance,

 

Supplemental Nutrition Assistance Program (SNAP),

 

SSI - Supplemental Security Income,

 

MinnesotaCare, whether received by you or by your dependent child,

 

Medicare Part B premium payments,

 

Medicare Part D extra help,

 

Energy or fuel assistance,

 

Social Security benefits,

 

Unemployment benefits,

 

Workers' compensation,

 

Veterans benefits.

 

Sending the creditor's attorney (or creditor, if no attorney) a copy of BANK STATEMENTS that show what was in your account for the past 60 days may give the creditor enough information about your exemption claim to avoid a garnishment.

 

2.  Earnings

 

All or some of your earnings may be completely protected from garnishment if:

 

All of your earnings (wages) may be protected if:

 

You get government benefits (see list of government benefits)

 

You currently receive other assistance based on need

 

You have received government benefits in the last six months

 

You were in jail or prison in the last six months

 

Your wages are only protected for 60 days after they are deposited in your account so it would be helpful if you immediately send the undersigned creditor a copy of BANK STATEMENTS that show what was in your account for the past 60 days.


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Some of your earnings (wages) may be protected if:

 

If all of your earnings are not exempt, some of your earnings may still be protected for 20 days after they were deposited in your account.  The amount protected is the larger amount of:

 

75 percent of your wages (after taxes are taken out); or

 

(insert the sum of the current federal minimum wage) multiplied by 40.

 

The money from the following are also exempt for 20 days after they are deposited in your account.

 

An accident, disability, or retirement pension or annuity

 

Payments to you from a life insurance policy

 

Earnings of your child who is under 18 years of age

 

Child support

 

Money paid to you from a claim for damage or destruction of property.  Property includes household goods, farm tools or machinery, tools for your job, business equipment, a mobile home, a car, a musical instrument, a pew or burial lot, clothes, furniture, or appliances.

 

Death benefits paid to you.

 

YOU WILL BE ABLE TO CLAIM THESE EXEMPTIONS WHEN YOU RECEIVE A NOTICE.  You will get the notice at least ten days BEFORE a wage garnishment.  BUT if the creditor garnishes your bank account, you will not get the notice until AFTER the account has been frozen.  IF YOU BELIEVE THE MONEY IN YOUR BANK ACCOUNT OR YOUR WAGES ARE EXEMPT, YOU SHOULD IMMEDIATELY CONTACT THE PERSON BELOW.  YOU SHOULD TELL THEM WHY YOU THINK YOUR ACCOUNT OR WAGES ARE EXEMPT TO SEE IF YOU CAN AVOID GARNISHMENT.

 

Creditor ...............................................................................................................................................................................................

Creditor address .................................................................................................................................................................................

Creditor telephone number ..............................................................................................................................................................

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to exemption notices provided on or after that date.

 

Sec. 41.  Minnesota Statutes 2022, section 571.911, is amended to read:

 

571.911 EXEMPTION NOTICE; DUTY OF FINANCIAL INSTITUTION.

 

(a) If the garnishment summons is used to garnish funds of a debtor who is a natural person and if the funds to be garnished are held on deposit at a financial institution, the creditor shall serve with the garnishee summons a notice, instructions, and two copies of an exemption notice.  The notice, instructions, and exemption notices must be substantially in the forms set forth in section 571.912.  Failure of the creditor to send the exemption notice renders the garnishment void, and the financial institution shall take no action. 

 

(b) Unless the total amount in the depository accounts under the debtor's name is less than the amount specified under section 550.37, subdivision 29, upon receipt of the garnishment summons and exemption notices, the financial institution shall retain as much of the amount under section 571.73 as the financial institution has on deposit owing to the debtor, but not more than 110 percent of the creditor's claim.  If the amount in the account does not exceed the amount specified under section 550.37, subdivision 29, the bank must notify the creditor that no funds are retained.


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(c) If the creditor receives notice from the financial institution that no funds are retained, the creditor is prohibited from sending the notice under section 571.912.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 42.  Minnesota Statutes 2022, section 571.914, subdivision 1, is amended to read:

 

Subdivision 1.  Objections and request for hearing.  An objection shall be interposed, within six business days of receipt by the creditor of an exemption claim from the debtor, by mailing or delivering one copy of the Notice of Objection and Notice of Hearing to the financial institution and one copy of the Notice of Objection and Notice of Hearing to the debtor.

 

(a) The Notice of Objection and Notice of Hearing form must be substantially in the form set out in subdivision 2.

 

(b) The court administrator may charge a fee of $1 for the filing of a Notice of Objection and Notice of Hearing.  Upon the filing of a Notice of Objection and Notice of Hearing, the court administrator shall schedule the matter for hearing no sooner than five business days but no later than seven business days from the date of filing.  A debtor may request continuance of the hearing by notifying the creditor and the court.  The court shall schedule the continued hearing within seven days of the original hearing date.

 

(c) An order stating whether the debtor's funds are exempt shall be issued by the court within three days of the date of the hearing.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 43.  Minnesota Statutes 2022, section 571.92, is amended to read:

 

571.92 GARNISHMENT OF EARNINGS.

 

Sections 571.921 to 571.926 relate to the garnishment of earnings.  The exemptions available under section 550.37 apply to the garnishment of earnings if the debtor is a resident of Minnesota and the debtor's place of employment is in Minnesota, regardless of where the employer is domiciled.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 44.  Minnesota Statutes 2022, section 571.921, is amended to read:

 

571.921 DEFINITIONS.

 

For purposes of sections 571.921 to 571.926, the following terms have the meanings given them:

 

(a) "Earnings" means:

 

(1) compensation paid or payable to an employee, independent contractor, or self-employed person for personal service whether denominated as wages, salary, commissions, bonus, payments, profit-sharing distribution, severance payment, fees, or otherwise, and includes periodic payments pursuant to a pension or retirement program;

 

(2) compensation paid or payable to the producer for the sale of agricultural products; livestock or livestock products; milk or milk products; or fruit or other horticultural products produced when the producer is operating a family farm, a family farm corporation, or an authorized farm corporation, as defined in section 500.24, subdivision 2; or


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(3) maintenance as defined in section 518.003, subdivision 3a.

 

(b) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld.

 

(c) "Employee" means an individual who performs services subject to the right of the employer to control both what is done and how it is done., whether currently or formerly employed, who is owed earnings and who:

 

(1) is treated by an employer as an employee for federal employment tax purposes; or

 

(2) receives earnings from an employer through periodic payments and is not treated by the employer as an employee for federal employment tax purposes.

 

(d) "Employer" means a person for whom an individual performs services as an employee who owes or will owe earnings to an employee.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 45.  Minnesota Statutes 2022, section 571.922, is amended to read:

 

571.922 LIMITATION ON WAGE GARNISHMENT.

 

(a) Unless the judgment is for child support, the maximum part of the aggregate disposable earnings of an individual for any pay period subjected to garnishment may not exceed the lesser of:

 

(1) 25 percent of the debtor's disposable earnings, if the debtor's weekly income exceeds 120 times the greater of the hourly wage described in section 571.922, paragraph (a), clause (4); or

 

(2) 15 percent of the debtor's disposable earnings, if the debtor's weekly income exceeds 80 times but is less than or equal to 120 times the greater of the hourly wages described in section 571.922, paragraph (a), clause (4); or

 

(3) five percent of the debtor's disposable earnings, if the debtor's weekly income exceeds 40 times but is less than or equal to 80 times the greater of the hourly wages described in section 571.922, paragraph (a), clause (4).

 

(b) The amount by which the debtor's disposable earnings exceed the greater of:

 

(i) (1) 40 times the hourly wage described in section 177.24, subdivision 1, paragraph (b), clause (1), item (iii); or

 

(ii) (2) 40 times the federal minimum hourly wages prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938, United States Code, title 29, section 206(a)(1).  The calculation of the amount that is subject to garnishment must be based on the hourly wage in effect at the time the earnings are payable, times the number of work weeks in the pay period.  When a pay period consists of other than a whole number of work weeks, each day of that pay period in excess of the number of completed work weeks shall be counted as a fraction of a work week equal to the number of excess workdays divided by the number of days in the normal work week.

 

(b) (c) If the judgment is for child support, the garnishment may not exceed:

 

(1) 50 percent of the judgment debtor's disposable income, if the judgment debtor is supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be calculated to the beginning of the work week in which the execution levy is received);

 

(2) 55 percent of the judgment debtor's disposable income, if the judgment debtor is supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be calculated to the beginning of the work week in which the garnishment summons is received);


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(3) 60 percent of the judgment debtor's disposable income, if the judgment debtor is not supporting a spouse or dependent child and the judgment is 12 weeks old or less (12 weeks to be calculated to the beginning of the work week in which the execution levy is received); or

 

(4) 65 percent of the judgment debtor's disposable income, if the judgment debtor is not supporting a spouse or dependent child, and the judgment is over 12 weeks old (12 weeks to be calculated to the beginning of the work week in which the garnishment summons is received).

 

Wage garnishments on judgments for child support are effective until the judgments are satisfied if the judgment creditor is a county and the employer is notified by the county when the judgment is satisfied.

 

(c) (d) No court may make, execute, or enforce an order or any process in violation of this section.

 

Sec. 46.  Minnesota Statutes 2022, section 571.924, subdivision 1, is amended to read:

 

Subdivision 1.  Requirement.  The creditor shall serve upon the debtor, no less than ten days before the service of the garnishment summons, a notice that a summons may be issued.  The notice shall:  (1) be substantially in the form set out in section 571.925; (2) be served personally, in the manner of a summons and complaint, or by first class mail to the last known address of the debtor; (3) inform the debtor that a garnishment summons may be served on the debtor's employer after ten days, and that the debtor may, within that time, cause to be served on the creditor a signed statement under penalties of perjury asserting an entitlement to an exemption from garnishment; (4) inform the debtor of the earnings garnishment exemptions contained in section 550.37, subdivision 14; and (5) advise the debtor of the relief set forth in this chapter to which the debtor may be entitled if a creditor in bad faith disregards a valid claim and the fee, costs, and penalty that may be assessed against a debtor who in bad faith falsely claims an exemption or in bad faith takes action to frustrate the garnishment process; and (6) provide in type that is at least two points larger than the body of the notice:  (i) the date upon which the notice is mailed; (ii) a mailing address and an email address for delivery of an exemption claim; and (iii) a telephone number for the creditor's attorney or the creditor.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to causes of action commenced on or after that date.

 

Sec. 47.  Minnesota Statutes 2022, section 571.925, is amended to read:

 

571.925 FORM OF NOTICE.

 

The ten-day notice informing a debtor that a garnishment summons may be used to garnish the earnings of an individual must be substantially in the following form:

 

STATE OF MINNESOTA                                                                                                                            DISTRICT COURT

COUNTY OF .............................................................                 .............................................................. JUDICIAL DISTRICT

..................................................................... (Creditor)

against                  

                                                                                                        GARNISHMENT EXEMPTION

....................................................................... (Debtor)                 NOTICE AND NOTICE OF

and                                                                                                 INTENT TO GARNISH EARNINGS

................................................................. (Garnishee)

 

PLEASE TAKE NOTICE that a garnishment summons or levy may be served upon your employer or other third parties, without any further court proceedings or notice to you, ten days or more from the date hereof.  Some or all of your earnings are exempt from garnishment.  If your earnings are garnished, your employer must show you how the amount that is garnished from your earnings was calculated.  You have the right to request a hearing if you claim the garnishment is incorrect.


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Your earnings are completely exempt from garnishment if you are now a recipient of assistance based on need, if you have been a recipient of assistance based on need within the last six months, or if you have been an inmate of a correctional institution in the last six months.

 

Assistance based on need includes, but is not limited to:

 

 

MFIP - Minnesota family investment program,

 

MFIP Diversionary Work Program,

 

Work participation cash benefit,

 

GA - general assistance,

 

EA - emergency assistance,

 

MA - medical assistance, whether received by you or by your dependent child,

 

EGA - emergency general assistance,

 

MSA - Minnesota supplemental aid,

 

MSA-EA - MSA emergency assistance,

 

Supplemental Nutrition Assistance Program (SNAP),

 

SSI - Supplemental Security Income,

 

MinnesotaCare, whether received by you or by your dependent child,

 

Medicare Part B premium payments,

 

Medicare Part D extra help,

 

Energy or fuel assistance. 

 

If you wish to claim an exemption, you should fill out the appropriate form below, sign it, and send it to the creditor's attorney and the garnishee.

 

You may wish to contact the attorney for the creditor in order to arrange for a settlement of the debt or contact an attorney to advise you about exemptions or other rights.

 

PENALTIES

 

(1) Be advised that even if you claim an exemption, a garnishment summons may still be served on your employer.  If your earnings are garnished after you claim an exemption, you may petition the court for a determination of your exemption.  If the court finds that the creditor disregarded your claim of exemption in bad faith, you will be entitled to costs, reasonable attorney fees, actual damages, and an amount not to exceed $100.

 

(2) HOWEVER, BE WARNED if you claim an exemption, the creditor can also petition the court for a determination of your exemption, and if the court finds that you claimed an exemption in bad faith, you will be assessed costs and reasonable attorney's fees plus an amount not to exceed $100.

 

(3) If after receipt of this notice, you in bad faith take action to frustrate the garnishment, thus requiring the creditor to petition the court to resolve the problem, you will be liable to the creditor for costs and reasonable attorney's fees plus an amount not to exceed $100.

 

Dated:  .........................................................................                         .............................................................................................

                                                                                                                (Attorney for) Creditor

                                                                                                                ...............................................................................................

                                                                                                                Address

                                                                                                                ...............................................................................................

                                                                                                                Telephone


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DEBTOR'S EXEMPTION CLAIM NOTICE

 

I hereby claim that my earnings are exempt from garnishment because:

 

(1) I am presently a recipient of relief based on need.  (Specify the program, case number, and the county from which relief is being received.)

 

...............................................................    ............................................................................................................................................

Program                                                     Case Number (if known)                          County

 

(2) I am not now receiving relief based on need, but I have received relief based on need within the last six months.  (Specify the program, case number, and the county from which relief has been received.)

 

...............................................................    ............................................................................................................................................

Program                                                     Case Number (if known)                          County

 

(3) I have been an inmate of a correctional institution within the last six months.  (Specify the correctional institution and location.)

 

.......................................................................................                         ...............................................................................................

Correctional Institution                                                                      Location

 

I hereby authorize any agency that has distributed relief to me or any correctional institution in which I was an inmate to disclose to the above-named creditor or the creditor's attorney only whether or not I am or have been a recipient of relief based on need or an inmate of a correctional institution within the last six months.  I have mailed or delivered a copy of this form to the creditor or creditor's attorney.

 

Date:  ...........................................................................                         .............................................................................................

                                                                                                                Debtor

                                                                                                                ...............................................................................................

                                                                                                                Address

                                                                                                                ...............................................................................................

                                                                                                                Debtor Telephone Number

 

STATE OF MINNESOTA                                                                                                                            DISTRICT COURT

COUNTY OF .............................................................                 .............................................................. JUDICIAL DISTRICT

................................................................... (Creditor)

..................................................................... (Debtor)

............................................. (Financial institution)

 

EFFECTIVE DATE.  This section is effective August 1, 2024, and applies to notices provided on or after that date.

 

Sec. 48.  GARNISHMENT FORMS REVISION.

 

(a) The attorney general must review and make recommendations to revise into plain language the notices and forms found in Minnesota Statutes, sections 571.72, subdivisions 8 and 10; 571.74; 571.75, subdivision 2; 571.912; and 571.925.

 

(b) The attorney general must review and determine whether the forms contained in Minnesota Statutes, sections 571.711, subdivision 11; 571.914; 571.931, subdivision 6; and 571.932, subdivision 2, should be revised into a more easily readable and understandable format.  If the attorney general determines the forms should be revised, the attorney general must make recommendations for legislative revisions to the forms.


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(c) The recommendations made under paragraphs (a) and (b) must include proposals to:  (1) explain in simple terms the meaning of garnishment in any form that uses the term garnishment; and (2) prominently place on forms the name, telephone number, and email address of the creditor.

 

(d) When developing the recommendations, the attorney general must consult with the Center for Plain Language and other plain language experts the attorney general may identify, and must collaborate with the commissioner of commerce and affected business and consumer groups, including but not limited to:

 

(1) the Minnesota Creditors' Rights Association;

 

(2) the Great Lakes Credit and Collections Association;

 

(3) the Minnesota Bankers' Association;

 

(4) the Minnesota Credit Union Network;

 

(5) BankIn Minnesota;

 

(6) Mid-Minnesota Legal Aid;

 

(7) the Minnesota chapter of the National Association of Consumer Advocates;

 

(8) the Minnesota chapter of the National Association of Consumer Bankruptcy Attorneys;

 

(9) Lutheran Social Service; and

 

(10) Family Means.

 

(e) For the purposes of this section, "plain language" means communication in which the wording, structure, and design are so clear that the intended reader can easily:  (1) find what the reader needs; (2) understand what the reader needs; and (3) use what the reader finds to meet the reader's needs."

 

Amend the title as follows:

 

Page 1, line 3, after the second comma, insert "medical debt," and after the second semicolon, insert "modifying certain statutory forms;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 4101, A bill for an act relating to orders for protection; requiring that a custodian of a petitioner's minor children receive notice of any order for protection, hearing on an order for protection, and cancellation or modification of an order for protection; amending Minnesota Statutes 2022, section 518B.01, subdivisions 2, 3b, 4, 5, 6a, 7, 8, 8a, 9a, 11, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


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Newton from the Committee on Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 4134, A bill for an act relating to drivers' licenses; amending eligibility for a veteran designation on drivers' licenses or Minnesota identification cards and burial in state veterans cemeteries; appropriating money; amending Minnesota Statutes 2022, section 197.236, subdivision 8; Minnesota Statutes 2023 Supplement, section 171.07, subdivision 15.

 

Reported the same back with the following amendments:

 

Page 2, delete sections 2 and 3

 

Amend the title as follows:

 

Page 1, line 3, delete "and burial in state veterans" and insert a semicolon

 

Page 1, line 4, delete everything before "amending"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Transportation Finance and Policy.

 

      The report was adopted.

 

 

Olson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 4237, A bill for an act relating to transportation; designating a portion of marked U.S. Highway 169 between Taconite and Virginia as "Senator David J.  Tomassoni Memorial Cross Range Expressway"; amending Minnesota Statutes 2022, section 161.14, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 10, delete everything after "from" and insert "Itasca County State-Aid Highway 69 in the city of Marble to Saint Louis County State-Aid Highway 7 in the city of Mountain Iron is"

 

Amend the title as follows:

 

Page 1, line 3, delete "Taconite and Virginia" and insert "Marble and Mountain Iron"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Freiberg from the Committee on Elections Finance and Policy to which was referred:

 

H. F. No. 4287, A bill for an act relating to school boards; modifying the requirements to fill a vacancy in the office of school board member; amending Minnesota Statutes 2022, section 123B.09, subdivision 5b.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12048

Newton from the Committee on Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 4334, A bill for an act relating to veterans; providing that a veteran, veteran's spouse or dependent, former service member of the armed forces, or former service member's spouse or dependent shall not qualify for state-funded benefits, services, or programs if the veteran or former service member has forfeited federal benefits; proposing coding for new law in Minnesota Statutes, chapter 197.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [197.08] FORFEITURE OF BENEFITS.

 

Any veteran as defined by section 197.447, any veteran's spouse or dependent, any former service member of the armed forces, or any former service member's spouse or dependent shall not qualify for state-funded benefits, services, or programs under this chapter, chapter 196, or chapter 198 if the veteran or former service member was determined by the United States Department of Veterans Affairs to have forfeited the veteran's or service member's entitlement to federal benefits according to United States Code, title 38, chapter 61.

 

Sec. 2.  Minnesota Statutes 2022, section 198.005, is amended to read:

 

198.005 ADMINISTRATORS.

 

The commissioner shall appoint an administrator for each of the veterans homes.  The administrators act as the administrative head for their respective veterans homes.  The administrators shall have a current Minnesota nursing home administrator's license and shall serve in the unclassified service.  The salaries of the administrators are not subject to section 43A.17, subdivision 1.  The administrators serve at the pleasure of the commissioner and report directly to the commissioner.

 

Sec. 3.  Laws 2010, chapter 333, article 2, section 23, as amended by Laws 2011, First Special Session chapter 12, section 47, is amended to read:

 

Sec. 23.  PLANNING NEW VETERANS CEMETERIES.

 

(a) The commissioner of veterans affairs shall determine a suitable site and plan for three four new state veterans cemeteries, one to be located in northeastern Minnesota, one to be located in northwestern Minnesota, one to be located in southeastern Minnesota, and one to be located in southwestern Minnesota.  In determining the site for a cemetery, the commissioner shall consider available public land options and shall seek proposals for donated land from interested counties, local communities, civic organizations, veterans service organizations, and individuals.

 

(b) For determining the veterans cemetery site in southeastern Minnesota, the commissioner shall give priority consideration to land owned and proposed for donation by the county of Fillmore.

 

(c) The commissioner's planning process for a state veterans cemetery must include, at a minimum, the following actions:

 

(1) determining the need for the cemetery;

 

(2) investigating the availability of suitable land for the cemetery;

 

(3) assessment of impacts of the cemetery;

 

(4) encouragement of support from veteran service organizations and local governments; and


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12049

(5) preparation and submission of a preapplication for a grant from the United States Department of Veterans Affairs for commitment of funding for establishing the cemetery.

 

(d) By January 15, 2011, the commissioner shall report to the chair and ranking minority member of the house of representatives and senate committees having responsibility for veterans affairs with a report of the commissioner's progress in implementing this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to veterans; prohibiting state benefits when certain veterans and former service members forfeit federal benefits; modifying oversight of veterans home administrators; requiring planning for a new state veterans cemetery; amending Minnesota Statutes 2022, section 198.005; Laws 2010, chapter 333, article 2, section 23, as amended; proposing coding for new law in Minnesota Statutes, chapter 197."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 4348, A bill for an act relating to financial institutions; establishing a nonbank data security law; proposing coding for new law as Minnesota Statutes, chapter 46A.

 

Reported the same back with the following amendments:

 

Page 4, after line 8, insert:

 

"Subd. 10.  Federally insured depository financial institution.  "Federally insured depository financial institution" means a bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank, or industrial loan company organized under the laws of the United States or any state of the United States, when the bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank, or industrial loan company has federally insured deposits."

 

Renumber the subdivisions in sequence

 

Page 4, line 15, delete everything after ""Financial institution"" and insert "means a consumer small loan lender under section 47.60, a person owning or maintaining electronic financial terminals under section 47.62, a trust company under chapter 48A, a loan and thrift company under chapter 53, a currency exchange under chapter 53A, a money transmitter under chapter 53B, a sales finance company under chapter 53C, a regulated loan lender under chapter 56, a residential mortgage originator or servicer under chapter 58, a student loan servicer under chapter 58B, a credit service organization under section 332.54, a debt management service provider or person providing debt management services under chapter 332A, or a debt settlement service provider or person providing debt settlement services under chapter 332B."

 

Page 4, delete lines 16 and 17

 

Page 13, line 11, after "EXCEPTIONS" insert "AND EXEMPTIONS"

 

Page 13, line 12, before "Section" insert "(a) The requirements under" and delete "(b)" and insert "(a)"


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12050

Page 13, after line 14, insert:

 

"(b) This chapter does not apply to credit unions or federally insured depository institutions."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

Fischer from the Committee on Human Services Policy to which was referred:

 

H. F. No. 4360, A bill for an act relating to human services; modifying county-provided adult mental health targeted case management requirements; amending Minnesota Statutes 2022, section 245.466, subdivision 3.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Human Services Finance.

 

      The report was adopted.

 

 

Pryor from the Committee on Education Policy to which was referred:

 

H. F. No. 4373, A bill for an act relating to libraries; prohibiting book banning by public libraries and school libraries; creating a private right of action and providing for attorney general enforcement; proposing coding for new law in Minnesota Statutes, chapter 134.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [134.55] BOOK BANNING PROHIBITED; PUBLIC LIBRARY BILL OF RIGHTS.

 

Subdivision 1.  Policy statement.  It is the policy of the state to encourage and protect the freedom of public libraries and public library systems to acquire materials without external limitation and to be protected against attempts to ban, remove, or otherwise restrict access to books or materials.

 

Subd. 2.  Definition.  For purposes of this section, the term "public library" means:

 

(1) a library that provides free access to all residents of a city or county, receives at least half of its financial support from public funds, and is organized under the provisions of this chapter, except for libraries such as law, medical, or other libraries organized to serve a special group of persons;

 

(2) a library under section 134.195;

 

(3) a school district or charter school library or media center; and

 

(4) a public higher education institution library.

 

Subd. 3.  Library bill of rights The state affirms that all public libraries are forums for information and ideas and that the following basic policies shall be adopted to guide their services:

 

(1) books and other library resources should be provided for the interest, information, and enlightenment of all people in the community the library serves.  Materials should not be excluded because of the origin, background, or views of those contributing to their creation;


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12051

(2) libraries should provide materials and information presenting all points of view on current and historical issues;

 

(3) library materials should not be proscribed or removed because of partisan or doctrinal disapproval;

 

(4) libraries should challenge censorship to fulfill their responsibility to provide information and enlightenment;

 

(5) libraries should cooperate with all persons and groups concerned with resisting the abridgment of free expression and free access to ideas; and

 

(6) a person's right to use a library should not be denied or abridged because of origin, age, background, or views.

 

Subd. 4.  Eligibility for aid.  Notwithstanding any other provision in this chapter, a public library is not eligible to receive any state aid or grant under this chapter unless the library or the entity that controls the library has adopted the public library bill of rights under subdivision 3.

 

Subd. 5.  Book banning prohibited.  A public library must not ban, remove, or otherwise restrict access to a book or other material based on its viewpoint or the message, ideas, or opinions it conveys.

 

Subd. 6.  Enforcement; civil action.  (a) Any person injured by a violation of subdivision 5 may bring a civil action against the public library or the entity that controls the library for injunctive relief together with costs and reasonable attorney fees, and receive other equitable relief as determined by the court.  In addition to all other damages, the court may impose a civil penalty payable to the plaintiff of up to $5,000 for each violation.  Civil remedies allowable under this section are cumulative and do not restrict any other right or remedy otherwise available.  If the court determines that an action brought under this subdivision is frivolous and without merit and a basis in fact, it may award reasonable costs and attorney fees to the defendant.

 

(b) The attorney general may enforce this section under section 8.31.

 

Subd. 7.  Limitations.  (a) Nothing in this section shall limit a library's authority to decline to purchase, lend, or shelve or to remove or restrict access to books or other materials as a legitimate part of the library's regular collection development practice or to comply with state or federal law.

 

(b) Nothing in this section shall impair or limit the rights of a parent, guardian, or adult student under section 120B.20.

 

EFFECTIVE DATE.  This section is effective July 1, 2024."

 

Delete the title and insert:

 

"A bill for an act relating to public libraries; prohibiting book banning; establishing a public library bill of rights; modifying eligibility requirements for various library state aids; creating a private right of action and providing for attorney general enforcement; proposing coding for new law in Minnesota Statutes, chapter 134."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 4444, A bill for an act relating to employees; prohibiting misclassification of employees; imposing penalties; classifying data; amending Minnesota Statutes 2022, sections 177.27, subdivision 3; 181.171, subdivision 1; 181.722; 181.723; 270B.14, subdivision 17, by adding a subdivision; 326B.081, subdivisions 3, 6, 8; 326B.082, subdivisions 1, 2, 4, 6, 7, 10, 11, 13, by adding a subdivision; 326B.701; Minnesota Statutes 2023 Supplement, section 177.27, subdivisions 1, 2, 4, 7; proposing coding for new law in Minnesota Statutes, chapter 181.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12052

Reported the same back with the following amendments:

 

Page 5, line 13, after the fifth comma, insert "or" and delete everything after "agent" and insert "who engaged in any of the prohibited activities in this subdivision"

 

Page 5, line 14, delete everything before "may"

 

Page 5, line 15, delete everything after "liable" and insert a period

 

Page 5, line 20, after the fourth comma, insert "or" and delete the fifth comma and insert a semicolon

 

Page 5, delete line 21

 

Page 6, line 29, delete "but not less than $5,000"

 

Page 10, line 9, after "services" insert ", if any," and delete "24" and insert "12"

 

Page 10, line 23, delete everything after "executed" and insert "no later than 30 days after the date work commences;"

 

Page 10, line 24, delete "and"

 

Page 10, delete lines 25 to 30 and insert:

 

"(iv) provides for compensation from the person for the services provided or performed under the contract on a commission or per-job or competitive bid basis and not on any other basis; and

 

(v) the requirements of item (ii) shall not apply to change orders;"

 

Page 11, line 2, after "written" insert "proposal," and after "contract" insert ", or change order"

 

Page 11, line 4, after "written" insert "proposal," and after "contract" insert ", or change order" and delete "sole direction and"

 

Page 11, line 6, delete "directs and"

 

Page 11, line 8, after "written" insert "proposal," and delete everything after "contract" and insert ", or change order;"

 

Page 11, delete line 9

 

Page 11, delete line 11 and insert "or performed under the written proposal, contract, or change order and is responsible, as provided under the written proposal, contract, or change order,"

 

Page 11, line 12, delete "contract,"

 

Page 11, line 14, after "written" insert "proposal," and after "contract" insert ", or change order" and after the third "the" insert "compensation provided under the"

 

Page 11, line 15, delete everything after "written" and insert "proposal, contract, or change order."

 

Page 12, line 29, after "officer," insert "or" and delete everything after "agent" and insert "who engaged in any of the prohibited activities in this subdivision"


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12053

Page 12, line 30, delete everything before "may"

 

Page 12, line 31, delete everything after "liable" and insert a period

 

Page 13, line 3, after the fourth comma, insert "or" and delete the fifth comma and insert a semicolon

 

Page 13, delete line 4

 

Page 13, line 19, delete everything after the period

 

Page 13, delete lines 20 and 21

 

Page 13, line 31, delete "but not less than $5,000"

 

Page 14, after line 19, insert:

 

"EFFECTIVE DATE.  This section is effective August 1, 2024, except that the amendments to subdivision 4 are effective for contracts entered into on or after that date and for all building construction or improvement services provided or performed on or after January 1, 2025."

 

Page 23, line 25, after "who" insert "the commissioner has determined, based on an inspection or investigation,"

 

Page 23, lines 26 and 27, delete "who"

 

Page 26, after line 3, insert:

 

"(l) Notwithstanding section 13.39, the data in a stop work order issued under this subdivision are classified as public data after the commissioner has issued the order.

 

EFFECTIVE DATE.  This section is effective August 1, 2024, for contracts entered into on or after that date and for all building and construction or improvement services provided or performed on or after January 1, 2025."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Fischer from the Committee on Human Services Policy to which was referred:

 

H. F. No. 4528, A bill for an act relating to human services; modifying the membership of the Commission of the Deaf, DeafBlind, and Hard of Hearing; amending Minnesota Statutes 2022, section 256C.28, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, line 10, before the first "members" insert "voting"

 

Page 1, line 12, delete "child" and insert "person"

 

Page 1, line 14, delete "human rights,"


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12054

Page 1, lines 21 and 22, strike "Commission" and insert "Voting" and after "members" insert "of the commission"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Fischer from the Committee on Human Services Policy to which was referred:

 

H. F. No. 4552, A bill for an act relating to human services; removing language from Minnesota Statutes concerning expired human services reports to the legislature; amending Minnesota Statutes 2022, sections 254A.03, subdivision 1; 256B.69, subdivision 5k; 256C.233, subdivision 2; 402A.16, subdivision 2; Minnesota Statutes 2023 Supplement, section 256B.4914, subdivisions 10, 10a; repealing Minnesota Statutes 2022, sections 245G.011, subdivision 5; 252.34; 256.01, subdivisions 39, 41; 256B.79, subdivision 6; 256K.45, subdivision 2.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health Finance and Policy.

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 4557, A bill for an act relating to insurance; requiring health plans to cover scalp hair prosthetics for hair loss caused by cancer treatment; amending Minnesota Statutes 2022, section 62A.28, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 1, line 10, after "of" insert "a health condition, including but not limited to" and after "areata" insert a comma and after "or" insert "the" and delete "for" and insert "of"

 

Page 1, line 11, before the period, insert ", unless there is a clinical basis for limitation"

 

Page 1, delete lines 16 to 18

 

Amend the title as follows:

 

Page 1, line 2, delete "prosthetics for hair" and insert "prostheses;"

 

Page 1, line 3, delete everything before "amending"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

 

      The report was adopted.

 

 

Acomb from the Committee on Climate and Energy Finance and Policy to which was referred:

 

H. F. No. 4558, A bill for an act relating to energy; providing for and regulating single-metered utility service in residential buildings; amending Minnesota Statutes 2022, sections 216B.022; 504B.285, subdivision 4; Minnesota Statutes 2023 Supplement, section 216B.172, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters 216B; 504B; repealing Minnesota Statutes 2022, section 504B.215.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12055

Reported the same back with the following amendments:

 

Page 1, delete section 1 and insert:

 

"Section 1.  [216B.021] DEFINITIONS.

 

Subdivision 1.  Scope.  For the purposes of this section and sections 216B.022, 216B.023, and 216B.024, the following terms have the meanings given.

 

Subd. 2.  Individually meter.  "Individually meter" means the tenant has an individual account with a utility provider and:

 

(1) the utility provider has installed meters that measure utility service consumed in each unit;

 

(2) the meters are owned, read, and maintained by the utility provider; and

 

(3) the meter readings constitute the basis for direct billing of a tenant by the utility provider.

 

Subd. 3.  Landlord.  "Landlord" has the meaning given in section 504B.001, subdivision 7.  Landlord includes a third-party billing agent.

 

Subd. 4.  Nonresidential building.  "Nonresidential building" means a building that is not a residential building.

 

Subd. 5.  Shared-metered residential building.  "Shared-metered residential building" means a building with multiple separate living units where the building's utility service is measured by fewer meters than are placed in the separate living units.  Shared-metered residential building does not include a manufactured home park.

 

Subd. 6.  Submeter.  "Submeter" means a meter that is owned by a landlord and installed by the landlord or by a third-party billing agent or other agent and that measures utility service consumed solely within an individual living unit in the shared-metered residential building.

 

Subd. 7.  Tenant.  "Tenant" means a person who is occupying a living unit in a residential building under a lease or contract, whether oral or written, that requires the payment of money or exchange of services.  Tenant includes all other regular occupants of the living unit.

 

Subd. 8.  Third-party billing agent.  "Third-party billing agent" means a person or entity other than the property owner that performs one or more utility management services at a shared-metered residential building on behalf of a landlord that include, but are not limited to installing submeters, reading submeters, or handling utility billing and collections.

 

Subd. 9.  Utility provider.  "Utility provider" means a public utility, a municipal utility, or a cooperative electric association providing utility service.

 

Subd. 10.  Utility service.  "Utility service" means natural gas and electricity service."

 

Page 3, line 6, delete "SINGLE-METERED" and insert "SHARED-METERED"

 

Page 6, line 3, before the period, insert ", unless the expense is due to the tenant's willful, malicious, or negligent conduct"

 

Page 7, after line 23, insert:


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12056

"Sec. 5.  Minnesota Statutes 2022, section 216B.098, subdivision 6, is amended to read:

 

Subd. 6.  Commission authority.  (a) In addition to any other authority, the commission has the authority to resolve customer complaints against a public utility, as defined in section 216B.02, subdivision 4, whether or not the complaint involves a violation of this chapter.  The commission may delegate this authority to commission staff as it deems appropriate.

 

(b) The commission has the authority to levy a fine as provided under section 216B.57 for a violation of section 216B.022, 216B.023, or 216B.024 with respect to a complaint filed by a tenant under section 216B.023, subdivision 7.  Nothing in this chapter limits the right of a tenant to seek or obtain judicial remedies.

 

EFFECTIVE DATE.  This section is effective January 1, 2025."

 

Page 7, line 32, before the period, insert "or a landlord of a shared-metered residential building"

 

Page 8, line 2, after "utility's" insert "or a landlord's"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, delete "single-metered" and insert "shared-metered"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 4591, A bill for an act relating to private detectives; specifying that a protective agent license is required for private companies to transport prisoners; requiring license revocation for certain acts committed by a licensee or employee of a licensee; requiring a minimum administrative penalty for certain violations; amending Minnesota Statutes 2022, sections 326.338, subdivision 4; 326.3388; Minnesota Statutes 2023 Supplement, section 326.3387, subdivision 1.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

 

H. F. No. 4626, A bill for an act relating to public safety; modifying federal pipeline inspection rules for individuals performing construction or maintenance work; repealing prevailing wage exemption for broadband workers; amending Minnesota Statutes 2022, sections 299J.02, by adding a subdivision; 299J.11; repealing Minnesota Statutes 2022, section 116J.398.

 

Reported the same back with the following amendments:

 

Page 1, after line 6, insert:


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12057

"Section 1.  Minnesota Statutes 2022, section 299J.01, is amended to read:

 

299J.01 AUTHORITY OF OFFICE OF PIPELINE SAFETY.

 

The commissioner of public safety shall, to the extent authorized by agreement with the United States Secretary of Transportation, act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act, United States Code, title 49, sections 2001 to 2014, the federal and Natural Gas Pipeline Safety Act acts, United States Code, title 49, sections 1671 to 1686 60101 to 60141, and federal pipeline safety regulations with respect to interstate pipelines located within this state.  The commissioner shall, to the extent authorized by federal law, regulate pipelines in the state as authorized by sections 299J.01 to 299J.17 and 299F.56 to 299F.641."

 

Page 1, after line 11, insert:

 

"Sec. 3.  Minnesota Statutes 2022, section 299J.04, subdivision 2, is amended to read:

 

Subd. 2.  Delegated duties.  (a) The commissioner shall seek and accept federal designation of the office's pipeline inspectors as federal agents for the purposes of enforcement of the federal Hazardous Liquid Pipeline Safety Act, United States Code, title 49, sections 2001 to 2014, the federal and Natural Gas Pipeline Safety Act acts, United States Code, title 49, sections 1671 to 1686 60101 to 60141, and federal rules adopted to implement those acts.  The commissioner shall establish and submit to the United States Secretary of Transportation an inspection program that complies with requirements for delegated interstate agent inspection authority.

 

(b) To the extent that federal delegation of interstate agent inspection authority permits, the inspection program for interstate pipelines and LNG facilities must be the same as the inspection program for intrastate pipelines and LNG facilities.  If the United States Secretary of Transportation delegates inspection authority to the state as provided in this subdivision, the commissioner, at a minimum, shall do the following to carry out the delegated federal authority:

 

(1) inspect pipelines and LNG facilities periodically as specified in the inspection program;

 

(2) collect inspection fees;

 

(3) order and oversee the testing of pipelines and LNG facilities as authorized by federal law and regulations; and

 

(4) file reports with the United States Secretary of Transportation as required to maintain the delegated inspection authority."

 

Page 2, line 3, delete "193, subpart H" and insert "192, subpart N"

 

Renumber the sections in sequence

 

Amend the title as follows: 

 

Page 1, line 4, after the semicolon, insert "making technical corrections;"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Labor and Industry Finance and Policy.

 

      The report was adopted.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12058

Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 4641, A bill for an act relating to public safety; excluding reckless driving resulting in great bodily harm or death from the list of offenses eligible for automatic expungement; reducing the waiting period before a person can petition for expungement from five years to four in certain cases involving a stay of imposition; clarifying that certain offering forged check offenses are eligible for expungement; amending Minnesota Statutes 2023 Supplement, sections 609A.015, subdivision 3; 609A.02, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 3, line 19, strike "(e)" and insert "(g)"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Newton from the Committee on Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 4742, A bill for an act relating to veterans; requesting the University of Minnesota Landscape Arboretum provide free access to disabled veterans; proposing coding for new law in Minnesota Statutes, chapter 197.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Pinto from the Committee on Children and Families Finance and Policy to which was referred:

 

H. F. No. 4793, A bill for an act relating to child maltreatment; modifying child maltreatment reporting; creating a criminal penalty for preventing a report; amending Minnesota Statutes 2022, sections 260E.06, subdivision 1; 260E.08.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety Finance and Policy.

 

      The report was adopted.

 

 

Newton from the Committee on Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 4976, A bill for an act relating to veterans; establishing a tuition-free postsecondary educational program for veterans who have received a Purple Heart and the veterans' dependents; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 197.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Higher Education Finance and Policy.

 

      The report was adopted.

 

 

Long from the Committee on Rules and Legislative Administration to which was referred:

 

Senate Concurrent Resolution No. 8, A Senate concurrent resolution adopting deadlines for the 2024 regular session.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12059

Reported the same back with the recommendation that the Senate concurrent resolution be adopted.

 

      The report was adopted.

 

 

Long from the Committee on Rules and Legislative Administration to which was referred:

 

Senate Concurrent Resolution No. 9, A Senate concurrent resolution relating to adjournment for more than three days.

 

Reported the same back with the recommendation that the Senate concurrent resolution be adopted.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 1666, 2400, 3071, 3454, 3671, 3677, 3957, 4019, 4020, 4101, 4237, 4287, 4334, 4528, 4591, 4641 and 4742 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Finke and Keeler introduced:

 

H. F. No. 5036, A bill for an act relating to human services; appropriating money for a needs analysis for emergency shelter for LGBTQIA+ youth experiencing homelessness; requiring a report.

 

The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy.

 

 

Mueller introduced:

 

H. F. No. 5037, A bill for an act relating to education; encouraging districts to commemorate Asian American and Pacific Islander Heritage month; proposing coding for new law in Minnesota Statutes, chapter 120A.

 

The bill was read for the first time and referred to the Committee on Education Policy.

 

 

Curran, Keeler, Gomez, Fischer and Howard introduced:

 

H. F. No. 5038, A bill for an act relating to local government; requiring cities and counties to create policies regarding homeless encampments; proposing coding for new law in Minnesota Statutes, chapter 465.

 

The bill was read for the first time and referred to the Committee on State and Local Government Finance and Policy.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12060

Cha introduced:

 

H. F. No. 5039, A bill for an act relating to retirement; Public Employees Retirement Association, statewide volunteer firefighter plan; adding a defined contribution plan; reducing the frequency of determining funding requirements for fire department accounts in the lump-sum division from annually to biennially; clarifying that firefighters with previous service in other fire departments may request service credit for vesting purposes; making other technical and administrative changes; amending Minnesota Statutes 2022, sections 352.1155, subdivision 3; 353G.01, subdivisions 9, 9a, 11, by adding subdivisions; 353G.05, as amended; 353G.08, subdivision 2; Minnesota Statutes 2023 Supplement, sections 353G.01, subdivisions 7b, 8b, 12, 12a, 14a, 15; 353G.02, subdivisions 1, 3, 4; 353G.03, subdivision 3; 353G.07; 353G.08, subdivision 1; 353G.09, subdivisions 1, 1a; 353G.10; 353G.11, subdivision 2, by adding a subdivision; 353G.115; 353G.12, subdivision 2, by adding a subdivision; 353G.14; proposing coding for new law in Minnesota Statutes, chapter 353G; repealing Minnesota Statutes 2022, section 353G.01, subdivision 10; Minnesota Statutes 2023 Supplement, sections 353G.01, subdivisions 7a, 8a; 353G.02, subdivision 6; 353G.08, subdivision 3; 353G.11, subdivisions 1, 1a, 3, 4; 353G.112; 353G.121.

 

The bill was read for the first time and referred to the Committee on State and Local Government Finance and Policy.

 

 

Her; Nelson, M.; Cha; Berg and Wolgamott introduced:

 

H. F. No. 5040, A bill for an act relating to retirement; authorizing eligible employees of the Minnesota State Colleges and Universities who are members of the higher education individual retirement account plan to elect coverage by the Teachers Retirement Association and purchase past service credit; requiring an annual report; appropriating money for offsetting the cost of service credit purchases; amending Minnesota Statutes 2022, section 354B.20, subdivision 18, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 354B.

 

The bill was read for the first time and referred to the Committee on State and Local Government Finance and Policy.

 

 

Heintzeman and O'Driscoll introduced:

 

H. F. No. 5041, A bill for an act relating to commerce; allowing continuing education credit for participation in a professional insurance association; amending Minnesota Statutes 2022, section 60K.56, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

 

 

Torkelson introduced:

 

H. F. No. 5042, A bill for an act relating to education finance; appropriating money to Independent School District No. 84, Sleepy Eye, for American Indian mascot removal and replacement costs.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

Hassan introduced:

 

H. F. No. 5043, A bill for an act relating to housing; appropriating money for a grant to Turning Point Inc.

 

The bill was read for the first time and referred to the Committee on Housing Finance and Policy.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12061

Hassan, Noor, Hussein, Xiong and Gomez introduced:

 

H. F. No. 5044, A bill for an act relating to economic development; appropriating money for a grant to the Metro Youth Diversion Program.

 

The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy.

 

 

Nelson, M.; Noor; Hassan and Pérez-Vega introduced:

 

H. F. No. 5045, A bill for an act relating to capital investment; appropriating money for a grant to the Organization of Liberians in Minnesota.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Kotyza-Witthuhn introduced:

 

H. F. No. 5046, A bill for an act relating to taxation; tax increment financing; authorizing special rules for the city of Eden Prairie.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Schultz introduced:

 

H. F. No. 5047, A bill for an act relating to game and fish; modifying the shotgun use area; amending Minnesota Statutes 2022, section 97B.318, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.

 

 

Hassan introduced:

 

H. F. No. 5048, A bill for an act relating to workforce development; appropriating money for Ka Joog to establish tech training centers.

 

The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy.

 

 

Hicks introduced:

 

H. F. No. 5049, A bill for an act relating to family law; providing rights for parents with disabilities; amending Minnesota Statutes 2022, sections 259.53, by adding a subdivision; 260C.201, by adding a subdivision; 518.1751, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12062

Acomb introduced:

 

H. F. No. 5050, A bill for an act relating to health insurance; requiring coverage of cancer imaging and clinical genetic testing; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

 

 

Hussein introduced:

 

H. F. No. 5051, A bill for an act relating to capital investment; appropriating money for the Asian Economic Development Association.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Hicks introduced:

 

H. F. No. 5052, A bill for an act relating to transportation; requiring uniform disability parking signs; providing criminal penalties; amending Minnesota Statutes 2022, section 169.346, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.

 

 

Hicks introduced:

 

H. F. No. 5053, A bill for an act relating to emergency medical services; modifying reimbursement for volunteer education costs; authorizing carryforward of certain appropriations; amending Minnesota Statutes 2023 Supplement, section 144E.35.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.

 

 

Keeler introduced:

 

H. F. No. 5054, A bill for an act relating to capital investment; appropriating money for flood hazard mitigation in the city of Moorhead; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Hussein introduced:

 

H. F. No. 5055, A bill for an act relating to capital investment; appropriating money for a center for racial healing; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Hussein introduced:

 

H. F. No. 5056, A bill for an act relating to energy; establishing a program to award grants for the purchase of electric lawn and snow removal equipment; requiring reports; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

The bill was read for the first time and referred to the Committee on Climate and Energy Finance and Policy.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12063

Tabke, Pinto, Novotny, Witte and Xiong introduced:

 

H. F. No. 5057, A bill for an act relating to motor vehicles; establishing the Lights On grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 169.

 

The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.

 

 

Norris introduced:

 

H. F. No. 5058, A bill for an act relating to health; modifying requirements relating to the provision of cause of death information; permitting administrative penalties; amending Minnesota Statutes 2022, sections 144.221, by adding a subdivision; 144.227, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.

 

 

Hollins introduced:

 

H. F. No. 5059, A bill for an act relating to public safety; amending the authorization for the intentional taking of the life of another by a person other than a peace officer; amending Minnesota Statutes 2022, section 609.065.

 

The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.

 

 

Grossell introduced:

 

H. F. No. 5060, A bill for an act relating to energy; exempting cooperative electric associations from clean and renewable energy standards; amending Minnesota Statutes 2022, section 216B.1691, by adding a subdivision; Minnesota Statutes 2023 Supplement, section 216B.1691, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Climate and Energy Finance and Policy.

 

 

Nash introduced:

 

H. F. No. 5061, A bill for an act relating to liquor; amending a temporary license in the city of St. Paul; amending Laws 2022, chapter 86, article 2, section 3.

 

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

 

 

Sencer-Mura introduced:

 

H. F. No. 5062, A bill for an act relating to taxation; property; establishing a property tax exemption for certain property owned by an Indian Tribe; amending Minnesota Statutes 2022, section 272.02, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Hassan, Noor, Hussein, Frazier and Agbaje introduced:

 

H. F. No. 5063, A bill for an act relating to workforce development; appropriating money for Equitable Development Action.

 

The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12064

Her introduced:

 

H. F. No. 5064, A bill for an act relating to workforce development; appropriating money for a grant to Theater Mu for a workforce development program.

 

The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy.

 

 

Hussein introduced:

 

H. F. No. 5065, A bill for an act relating to workforce development; appropriating money for grants to Milestone Community Development and Minnesota STEM Project.

 

The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy.

 

 

Nadeau introduced:

 

H. F. No. 5066, A bill for an act relating to capital investment; appropriating money for a regional fire training facility in the city of Dayton; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Anderson, P. H., introduced:

 

H. F. No. 5067, A bill for an act relating to education finance; appropriating money to Independent School District No. 777, Benson, for American Indian mascot removal and replacement costs.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

Anderson, P. H., and Zeleznikar introduced:

 

H. F. No. 5068, A bill for an act relating to health; requiring the Department of Health to enter into an interagency agreement to pay for human services background studies for applicants and license holders regulated by the commissioner of health; amending Minnesota Statutes 2022, section 245C.10, subdivision 18.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.

 

 

Anderson, P. H.; Jacob; Burkel; Harder; Nelson, N., and Swedzinski introduced:

 

H. F. No. 5069, A bill for an act relating to agriculture; modifying the appropriation and eligibility criteria for farm down payment assistance grants during fiscal year 2025; amending Laws 2023, chapter 43, article 1, section 2, subdivision 5.

 

The bill was read for the first time and referred to the Committee on Agriculture Finance and Policy.

 

 

Anderson, P. E.; West; Perryman; Garofalo; Engen; Harder; Bakeberg; Mekeland; O'Driscoll; Witte; Myers; Hudson; Altendorf; Hudella; Niska; Schultz; Johnson; Zeleznikar; McDonald; Wiener; Robbins and Nadeau introduced:

 

H. F. No. 5070, A bill for an act relating to taxation; local taxes and fees; repealing the regional transportation sales and use tax; repealing the metropolitan region sales and use tax; repealing local affordable housing aid; repealing the retail delivery fee; providing for use of amounts in repealed accounts; making technical changes;


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12065

amending Minnesota Statutes 2023 Supplement, sections 174.49, subdivision 2; 270C.15; 297A.99, subdivision 1; Laws 2023, chapter 37, article 1, section 2, subdivision 30; repealing Minnesota Statutes 2023 Supplement, sections 168E.01; 168E.03; 168E.05; 168E.07; 168E.09; 297A.9915; 297A.9925; 462A.05, subdivision 42; 462A.2095; 473.4051, subdivision 2; 473.4465; 477A.35; 477A.37.

 

The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.

 

 

Schultz; Kresha; Franson; Knudsen; Gillman; Novotny; Mekeland; Harder; Davis; Nelson, N.; Dotseth; Perryman; Urdahl; Daniels; Anderson, P. E.; Demuth; Torkelson; Anderson, P. H.; Niska; Jacob and Grossell introduced:

 

H. F. No. 5071, A bill for an act relating to law enforcement; prohibiting immigration law enforcement noncooperation ordinances and policies; providing for use of immigration-related data; proposing coding for new law in Minnesota Statutes, chapters 13; 299A.

 

The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.

 

 

McDonald and Scott introduced:

 

H. F. No. 5072, A bill for an act relating to civil law; regulating the use of parenting consultants in family court cases; amending Minnesota Statutes 2022, section 518.1751, subdivision 4, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law.

 

 

Pérez-Vega introduced:

 

H. F. No. 5073, A bill for an act relating to education finance; authorizing building lease aid for private contract alternative schools; appropriating money; amending Minnesota Statutes 2022, section 124D.69, subdivision 2, by adding a subdivision; Laws 2023, chapter 55, article 2, section 64, subdivision 6.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

McDonald; Olson, B.; Torkelson; Nash; Knudsen; Murphy; Harder; Anderson, P. H.; Backer; Mueller and Mekeland introduced:

 

H. F. No. 5074, A bill for an act relating to taxation; property; increasing the shareholder limit for entity-owned agricultural homestead property; amending Minnesota Statutes 2022, section 273.124, subdivision 8.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Lee, F., introduced:

 

H. F. No. 5075, A bill for an act relating to taxation; individual income; providing a tax credit for the removal of trees infested by the emerald ash borer; amending Minnesota Statutes 2022, section 290.06, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Taxes.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12066

Hassan introduced:

 

H. F. No. 5076, A bill for an act relating to workforce development; creating the youth climate action fellowship program; requiring a report; appropriating money for the program.

 

The bill was read for the first time and referred to the Committee on Climate and Energy Finance and Policy.

 

 

Sencer-Mura, Her, Keeler, Freiberg, Finke, Pursell, Jordan, Pérez-Vega, Clardy, Agbaje, Cha, Gomez, Smith, Hollins and Olson, L., introduced:

 

H. F. No. 5077, A bill for an act relating to health; establishing the reproductive health equity grant fund; appropriating money.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.

 

 

Noor; Lee, F.; Gomez; Vang; Hassan; Frazier; Sencer-Mura; Xiong; Hollins; Hussein; Pérez-Vega and Lee, K., introduced:

 

H. F. No. 5078, A bill for an act relating to capital investment; imposing restrictions on Minnesota's Multipurpose Community Facility Projects to Support Community Revitalization, Connectedness and Equity by Promoting Education, Work and Health program.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

Dotseth and Pfarr introduced:

 

H. F. No. 5079, A bill for an act relating to motor vehicles; appropriating money for vehicle inspections.

 

The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.

 

 

West introduced:

 

H. F. No. 5080, A bill for an act relating to motor vehicles; providing for drivers' licenses; allowing applicants to designate a secondary mailing address for drivers' licenses and identification cards; appropriating money; amending Minnesota Statutes 2022, sections 171.01, by adding a subdivision; 171.06, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 171.06, subdivision 3; 171.07, subdivisions 1, 3.

 

The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.

 

 

Clardy introduced:

 

H. F. No. 5081, A bill for an act relating to capital investment; appropriating money for public infrastructure improvements in the city of Lilydale; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12067

Finke introduced:

 

H. F. No. 5082, A bill for an act relating to capital investment; appropriating money for improvements to the Gibbs Farm Museum in Ramsey County; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Kozlowski and Lislegard introduced:

 

H. F. No. 5083, A bill for an act relating to taxation; sales and use; providing a refundable exemption for construction materials used in certain housing development projects in St. Louis County.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Dotseth introduced:

 

H. F. No. 5084, A bill for an act relating to natural resources; requiring a report on reopening General C.C. Andrews State Nursery.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.

 

 

Pérez-Vega, Hussein and Finke introduced:

 

H. F. No. 5085, A bill for an act relating to arts and cultural heritage; appropriating money for cultural events.

 

The bill was read for the first time and referred to the Committee on Legacy Finance.

 

 

Newton introduced:

 

H. F. No. 5086, A bill for an act relating to health occupations; creating licensure for music therapists; establishing fees; imposing civil penalties; amending Minnesota Statutes 2022, section 144.0572, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 148G.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.

 

 

Wiens and Hill introduced:

 

H. F. No. 5087, A bill for an act relating to capital investment; appropriating money for a grant to Belwin Conservancy.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Bierman and Clardy introduced:

 

H. F. No. 5088, A bill for an act relating to human services; establishing a residential crisis stabilization for children medical assistance covered service; directing the commissioner of human services to request federal approval; requiring a report; amending Minnesota Statutes 2022, section 256B.0625, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12068

Clardy and Bierman introduced:

 

H. F. No. 5089, A bill for an act relating to human services; establishing a Collaborative Intensive Bridging Services medical assistance covered service; directing the commissioner of human services to conduct a rate study and request federal approval; requiring a report; amending Minnesota Statutes 2022, section 256B.0625, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.

 

 

Newton introduced:

 

H. F. No. 5090, A bill for an act relating to arts and cultural heritage; appropriating money for the Twin Cities Jazz Festival.

 

The bill was read for the first time and referred to the Committee on Legacy Finance.

 

 

Pérez-Vega, Hussein, Jordan, Sencer-Mura and Clardy introduced:

 

H. F. No. 5091, A bill for an act relating to education finance; creating the Slice for St. Paul Kids literacy incentive pilot program through a school and community partnership; requiring a report; appropriating money.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

Davids introduced:

 

H. F. No. 5092, A bill for an act relating to economic development; establishing the Minnesota Strategic Industrial Development Enhancement tax credits; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

The bill was read for the first time and referred to the Committee on Economic Development Finance and Policy.

 

 

Her introduced:

 

H. F. No. 5093, A bill for an act relating to economic development; appropriating money for a grant to YWCA St. Paul.

 

The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Jordan moved that the name of Lee, K., be added as an author on H. F. No. 174.  The motion prevailed.

 

      Finke moved that the name of Lee, K., be added as an author on H. F. No. 267.  The motion prevailed.

 

      Freiberg moved that the name of Virnig be added as an author on H. F. No. 367.  The motion prevailed.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12069

         Agbaje moved that the name of Olson, L., be added as an author on H. F. No. 685.  The motion prevailed.

 

      Scott moved that the name of Davis be added as an author on H. F. No. 808.  The motion prevailed.

 

      Reyer moved that the name of Gomez be added as an author on H. F. No. 910.  The motion prevailed.

 

      Hollins moved that the name of Koegel be added as an author on H. F. No. 1064.  The motion prevailed.

 

      Koegel moved that the name of McDonald be added as an author on H. F. No. 1229.  The motion prevailed.

 

      Agbaje moved that the name of Finke be added as an author on H. F. No. 1324.  The motion prevailed.

 

      Finke moved that the name of Lee, K., be added as an author on H. F. No. 1655.  The motion prevailed.

 

      Brand moved that the name of Hassan be added as an author on H. F. No. 1658.  The motion prevailed.

 

      Freiberg moved that the name of Lee, K., be added as an author on H. F. No. 1801.  The motion prevailed.

 

      Hudson moved that the name of Mekeland be added as an author on H. F. No. 1896.  The motion prevailed.

 

      Cha moved that the name of Rehm be added as an author on H. F. No. 2177.  The motion prevailed.

 

      Bahner moved that the name of Myers be added as an author on H. F. No. 2257.  The motion prevailed.

 

      Harder moved that the name of Knudsen be added as an author on H. F. No. 2365.  The motion prevailed.

 

      Curran moved that the name of Lee, K., be added as an author on H. F. No. 2462.  The motion prevailed.

 

      Huot moved that the name of Pursell be added as an author on H. F. No. 2508.  The motion prevailed.

 

      Kozlowski moved that the name of Smith be added as an author on H. F. No. 2734.  The motion prevailed.

 

      Kozlowski moved that the name of Lee, K., be added as an author on H. F. No. 2789.  The motion prevailed.

 

      Nash moved that the name of Backer be added as an author on H. F. No. 3002.  The motion prevailed.

 

      Tabke moved that the name of Xiong be added as an author on H. F. No. 3071.  The motion prevailed.

 

      Koegel moved that the names of Hudella and Fischer be added as authors on H. F. No. 3339.  The motion prevailed.

 

      Fischer moved that the name of Anderson, P. E., be added as an author on H. F. No. 3411.  The motion prevailed.

 

      Virnig moved that the name of Schomacker be added as an author on H. F. No. 3440.  The motion prevailed.

 

      Berg moved that the names of Hassan and Koegel be added as authors on H. F. No. 3446.  The motion prevailed.

 

      Freiberg moved that the name of Hanson, J., be added as an author on H. F. No. 3486.  The motion prevailed.

 

      Reyer moved that the name of Clardy be added as an author on H. F. No. 3529.  The motion prevailed.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12070

         Hollins moved that the names of Virnig, Xiong, Hill, Reyer, Hassan and Lee, K., be added as authors on H. F. No. 3566.  The motion prevailed.

 

      Hill moved that the name of Wiens be added as an author on H. F. No. 3568.  The motion prevailed.

 

      Her moved that the names of Rehm and Howard be added as authors on H. F. No. 3640.  The motion prevailed.

 

      Wolgamott moved that the name of Keeler be added as an author on H. F. No. 3675.  The motion prevailed.

 

      Elkins moved that the name of Schomacker be added as an author on H. F. No. 3677.  The motion prevailed.

 

      Brand moved that the name of Schomacker be added as an author on H. F. No. 3703.  The motion prevailed.

 

      Vang moved that the name of Anderson, P. E., be added as an author on H. F. No. 3763.  The motion prevailed.

 

      Clardy moved that the name of Youakim be added as an author on H. F. No. 3832.  The motion prevailed.

 

      Rehm moved that the name of Smith be added as an author on H. F. No. 3858.  The motion prevailed.

 

      Murphy moved that the name of Schomacker be added as an author on H. F. No. 3908.  The motion prevailed.

 

      Curran moved that the names of Anderson, P. E., and Pérez-Vega be added as authors on H. F. No. 3941.  The motion prevailed.

 

      Feist moved that the name of Lee, F., be added as an author on H. F. No. 3971.  The motion prevailed.

 

      Lislegard moved that the names of Pursell and Smith be added as authors on H. F. No. 3992.  The motion prevailed.

 

      Agbaje moved that the name of Her be added as an author on H. F. No. 4043.  The motion prevailed.

 

      Jacob moved that the name of Olson, B., be added as an author on H. F. No. 4044.  The motion prevailed.

 

      Lillie moved that the names of Schultz and Kresha be added as authors on H. F. No. 4054.  The motion prevailed.

 

      Bierman moved that the name of Elkins be added as an author on H. F. No. 4056.  The motion prevailed.

 

      Kraft moved that the name of Virnig be added as an author on H. F. No. 4068.  The motion prevailed.

 

      Hanson, J., moved that the names of Curran and Finke be added as authors on H. F. No. 4118.  The motion prevailed.

 

      Hemmingsen-Jaeger moved that the name of Wolgamott be added as an author on H. F. No. 4150.  The motion prevailed.

 

      Freiberg moved that the names of Wolgamott and Carroll be added as authors on H. F. No. 4182.  The motion prevailed.

 

      Hornstein moved that the name of Hassan be added as an author on H. F. No. 4212.  The motion prevailed.

 

      Bakeberg moved that the name of Myers be added as an author on H. F. No. 4216.  The motion prevailed.


Journal of the House - 94th Day - Wednesday, March 20, 2024 - Top of Page 12071

         Newton moved that the name of Wolgamott be added as an author on H. F. No. 4235.  The motion prevailed.

 

      Greenman moved that the name of Xiong be added as an author on H. F. No. 4292.  The motion prevailed.

 

      Vang moved that the name of Brand be added as an author on H. F. No. 4322.  The motion prevailed.

 

      Robbins moved that the names of Backer and Koznick be added as authors on H. F. No. 4364.  The motion prevailed.

 

      Backer moved that the name of Backer be stricken as an author on H. F. No. 4366.  The motion prevailed.

 

      Hansen, R., moved that the name of Curran be added as an author on H. F. No. 4410.  The motion prevailed.

 

      Bennett moved that the name of Mueller be added as an author on H. F. No. 4451.  The motion prevailed.

 

      Hollins moved that the name of Pinto be added as an author on H. F. No. 4461.  The motion prevailed.

 

      Hornstein moved that the name of Hassan be added as an author on H. F. No. 4509.  The motion prevailed.

 

      Youakim moved that the name of Sencer-Mura be added as an author on H. F. No. 4514.  The motion prevailed.

 

      Robbins moved that the names of Backer and Koznick be added as authors on H. F. No. 4544.  The motion prevailed.

 

      Kozlowski moved that the name of Finke be added as an author on H. F. No. 4550.  The motion prevailed.

 

      Tabke moved that the names of Hudella and Perryman be added as authors on H. F. No. 4553.  The motion prevailed.

 

      Pursell moved that the name of Huot be added as an author on H. F. No. 4656.  The motion prevailed.

 

      Berg moved that the name of Rehm be added as an author on H. F. No. 4659.  The motion prevailed.

 

      Wolgamott moved that the name of Fischer be added as an author on H. F. No. 4666.  The motion prevailed.

 

      Coulter moved that the name of Virnig be added as an author on H. F. No. 4679.  The motion prevailed.

 

      Dotseth moved that the name of Gillman be added as an author on H. F. No. 4687.  The motion prevailed.

 

      Hemmingsen-Jaeger moved that the name of Niska be added as an author on H. F. No. 4717.  The motion prevailed.

 

      Vang moved that the names of Sencer-Mura and Smith be added as authors on H. F. No. 4773.  The motion prevailed.

 

      Nash moved that the name of Keeler be added as an author on H. F. No. 4793.  The motion prevailed.

 

      Feist moved that the name of Curran be added as an author on H. F. No. 4822.  The motion prevailed.

 

      Robbins moved that the names of Olson, B., and Backer be added as authors on H. F. No. 4826.  The motion prevailed.

 

      Sencer-Mura moved that the name of Pérez-Vega be added as an author on H. F. No. 4912.  The motion prevailed.


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         Hornstein moved that the name of Brand be added as an author on H. F. No. 4932.  The motion prevailed.

 

      Reyer moved that the names of Keeler and Bahner be added as authors on H. F. No. 4935.  The motion prevailed.

 

      Kozlowski moved that the name of Fischer be added as an author on H. F. No. 4964.  The motion prevailed.

 

      Robbins moved that the name of Novotny be added as an author on H. F. No. 4970.  The motion prevailed.

 

      Long moved that the names of Coulter and Stephenson be added as authors on H. F. No. 4984.  The motion prevailed.

 

      Lislegard moved that the names of Coulter and Virnig be added as authors on H. F. No. 4986.  The motion prevailed.

 

      Finke moved that the names of Curran and Pérez-Vega be added as authors on H. F. No. 4992.  The motion prevailed.

 

      Coulter moved that the names of Norris and Gomez be added as authors on H. F. No. 4994.  The motion prevailed.

 

      Tabke moved that the name of Bakeberg be added as an author on H. F. No. 5004.  The motion prevailed.

 

      Kresha moved that the name of Knudsen be added as an author on H. F. No. 5005.  The motion prevailed.

 

      Engen moved that the name of Zeleznikar be added as an author on H. F. No. 5006.  The motion prevailed.

 

      Hollins moved that the name of Curran be added as an author on H. F. No. 5018.  The motion prevailed.

 

      Stephenson moved that the name of Niska be added as an author on H. F. No. 5031.  The motion prevailed.

 

      Virnig moved that H. F. No. 3637 be recalled from the Committee on Children and Families Finance and Policy and be re-referred to the Committee on Health Finance and Policy.  The motion prevailed.

 

      Virnig moved that H. F. No. 3638 be recalled from the Committee on Children and Families Finance and Policy and be re-referred to the Committee on Health Finance and Policy.  The motion prevailed.

 

 

Senate Concurrent Resolution No. 8 was reported to the House.

 

 

SENATE CONCURRENT RESOLUTION No. 8

 

A Senate concurrent resolution adopting deadlines for the 2024 regular session.

 

Be It Resolved, by the Senate of the State of Minnesota, the House of Representatives concurring:

 

(a) In accordance with Joint Rule 2.03, the deadlines in this resolution apply to the 2024 regular session.

 

(b) The deadlines in this paragraph do not apply to the Senate and House Tax or Capital Investment Committees, the Senate Finance Committee, or the House Ways and Means Committee.

 

(1) The first and second deadlines, Friday, March 22, 2024, at 5:00 p.m., are for committees to act favorably on all bills other than major appropriation and finance bills.


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(2) Any bills acted on by a Senate committee or acted on by a House committee other than those exempted in Joint Rule 2.03 after the first deadline must be referred to the Senate Committee on Rules and Administration or the House Committee on Rules and Legislative Administration for disposition.

 

(3) Either the Senate Committee on Rules and Administration or the House Committee on Rules and Legislative Administration, when reporting a bill referred to the committee in accordance with Joint Rule 2.03 and this resolution, may waive the application of the Rule and resolution to subsequent actions on that bill by other committees.

 

(4) The third deadline, Friday, April 19, 2024, at 11:59 p.m., is for finance committees to act favorably on all major appropriation and finance bills.

 

Major appropriation and finance bills are those bills as defined under Joint Rule 2.03, Senate Rule 7.3, and House Rule 4.03(e).

 

 

      Long moved that Senate Concurrent Resolution No. 8 be now adopted.  The motion prevailed and Senate Concurrent Resolution No. 8 was adopted.

 

 

      Senate Concurrent Resolution No. 9 was reported to the House.

 

 

SENATE CONCURRENT RESOLUTION No. 9

 

      A Senate concurrent resolution relating to adjournment for more than three days.

 

Be It Resolved, by the Senate of the State of Minnesota, the House of Representatives concurring:

 

Upon the last adjournment from day to day prior to 5:00 p.m. on Wednesday, March 27, 2024, the Senate and House of Representatives may each set its next day of meeting for Tuesday, April 2, 2024, at 12:00 noon or later.

 

Upon the last adjournment from day to day prior to Monday, April 22, 2024, the Senate and House of Representatives may each set its next day of meeting for Wednesday, April 24, 2024, at 12:00 noon or later.

 

Each house consents to adjournment of the other house for more than three days for the purposes of this resolution.

 

 

      Long moved that Senate Concurrent Resolution No. 9 be now adopted.  The motion prevailed and Senate Concurrent Resolution No. 9 was adopted.

 

 

ADJOURNMENT

 

      Long moved that when the House adjourns today it adjourn until 3:30 p.m., Thursday, March 21, 2024.  The motion prevailed.

 

      Long moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Thursday, March 21, 2024.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives


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